Sunil Kumar Nanda vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Athagarh P.S. Case No. 233 of 2023 corresponding to C.T. Case No.570 of 2023 in the court of the learned S.D.J.M., Athagarh where chargesheet dated 29.12.2023 has been submitted against the petitioner for commission of offences punishable under Sections 342, 294, 323, 307, 506 and 34 of IPC.

The prayer for bail of the petitioner has been rejected on 06.01.2024 by the learned Additional District & Sessions Judge, Athagarh in BLAPL No. 410 of 2023.

The prosecution allegation in brief is that the informant was earlier married to the petitioner. They are blessed with 3 children but he got married to another lady and started torturing her and the children and threw them out of the house for which Khurda P.S. Case No. 104 of 2023 has been registered on the information of the informant and the case is under investigation. Thereafter the petitioner had taken his elder son aged about 13 years and middle daughter aged about 10 years and kept them in village Pathapur. He was staying with the two children and his second wife in a rented house. On 13.03.2023 the petitioner and his second wife assaulted the two children brutally causing injuries on their bodies and this was informed to her mother-in-law by the neighbours. The two children were shifted to Sub Divisional Head Quarters Hospital, Athagarh for treatment with the help of the local people. When she went to the Hospital, she found that the petitioner and his second wife have assaulted the two children brutally and tried to kill them by pressing their neck and injury marks were present on their bodies.

Mr. Basudev Pujari, learned counsel for the petitioner submits that the petitioner is in custody since 01.11.2023 and in the meanwhile investigation has been completed. He further submits that the petitioner suffers from severe diabetes and on account of its complications, he has undergone surgery on 03.01.2024 while in jail custody and prayer had also been made for shifting him from Athagarh jail to Choudwar jail for regular treatment at SCB Medical College, Cuttack by the authorities which is under consideration by the learned S.D.J.M., Athagarh. Considering the health condition of the petitioner, his prayer for bail may be sympathetically considered.

Mr. S.S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner being the father of two minor children has brutally assaulted them and not fed them properly for which they were rescued by the villagers and taken to the Hospital for treatment. Considering the fact that he is the father of the minor children and the children have sustained injuries on account of assault by him, he should not be released on bail.

Considering the nature of allegations against the petitioner, I am not inclined to release him on bail at this stage.

The BLAPL is accordingly dismissed.

It is open to the petitioner to move the learned court below for bail afresh in case he needs specialized treatment or if there is undue delay in commitment of the case.

Urgent certified copy of this order be granted on proper application.

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