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Judgment
S.C. Mohapatra, J.—This is an application u/s 439, Cr. P.C. by two accused persons.
There are two villages in Bramhagiri Police-station, one is Bandhamunda and the other is Sunakhala. There is a water reservoir from which villagers of both the villages use water. On 1-11-1991, there was a dispute between groups of persons of the two villages. Fire arms were used causing injuries. Two reports were submitted in the Police-station by both groups.
Accused persons have been arrested during investigation. Many of the accused persons of both the groups have been released on bail. Petitioners who belong to village Bandhamunda are in custody from the date of arrest.
3A. Mr. Deepak Mishra, learned counsel for the petitioners submitted that background in which the offence is alleged to have been committed, nature of injuries and the effect of the arrest are to be taken into consideration keeping in mind that many other accused persons have been released on bail and in case these questions are taken into consideration, both the petitioners would be entitled to bail since investigation in this case is casual inasmuch as injured were not sent to District headquarters hospital if the Police papers indicate that they are to be sent.
Submissions of Mr. Misra are no doubt attractive. However, in group fights where fire arms are freely used, no bail should be granted if the offences are non-bailable since grant of bail affects the social order. Those persons released may again fight with each other. In such circumstances, a stern view is to be taken and prayer for bail ought to be refused.
As regards persons who have been released on bail, Investigating Officer should have moved for cancellation of bail. Lack of vigilance by investigating agency at times gives rises to many surmises not only against them but also against the executive government. State Government would do well in taking note of these aspects of the matter and deal with delinquency as and when it comes to its notice. A copy of this order may be sent to the Secretary, Home Department, for taking appropriate action.
In the result, application for bail is rejected.