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Judgment
Savitri Ratho, J
This application under Section 439 of Cr.P.C. has been filed in connection with Jankia P.S. Case No.339 of 2023 corresponding to G.R. Case No.1063 of 2023, pending in the file of the J.M.F.C. (Cog. Taking), Khordha under Sections 294, 323, 325, 326/506 of IPC.
The prosecution allegation in brief is that on 23.09.2023 at about 5.00 p.m., when the informant, Santosh Kumar Sahoo was watching Ganesh Puja emersion, the petitioner abused him in filthy language and poured acid on his neck and back resulting in severe burn injuries.
Mr. A.S.Paul, learned counsel for the petitioner submits that false allegations have been made against the petitioner that he has thrown acid on the victim because witnesses examined by the police have stated that hot tea was thrown by the petitioner on the informant and he has been forwarded under Sections 294, 323, 325, 326, 506 IPC. He further submits that the petitioner has been discharged from the hospital after treatment. He refers to the statement of Matia @ Sarangadhar Barik, the tea stall owner who has stated that the petitioner threw hot tea which was in a suspension his shop on the informant for which he sustained burn injury on his back and that he also sustained injury on his left hand, as a result of the incident.
Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that the allegation against the petitioner in the FIR are that he threw acid on the informant. This is mentioned in the medical requisition and the injury report reveals that the informant has sustained severe burns on his neck and back. He further submits that investigation is in progress.
Considering the nature of allegations against the petitioner and the manner in which the offence was committed and as investigation is in progress, I am not inclined to entertain the prayer for bail.
At this juncture, Mr. A.S.Paul, learned counsel for the petitioner submits that he may be permitted to withdraw the bail application.
The BLAPL is accordingly dismissed as withdrawn.
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