Partly allowed

Russia@Rusinath Naik@Nayak v. State of Odisha

Orissa HC13 Feb 2019BLAPL/7423/2018

Case brief

AI extract

What is this about?

This common order disposed of three bail applications regarding offences under the Indian Penal Code. The court released the first petitioner, who had no indication of assaulting the deceased, on bail. The other two petitioners, allegedly involved in the assault and death of the deceased, were not released on bail.

What did the court decide?

Bail granted to Russia @ Rusinath Naik @ Nayak on bond; Bail rejected for Surasena Naik @ Nayak and Sharat Naik @ Nayak with liberty to renew after eye-witness examination.

Russia@Rusinath Naik@Nayak Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2019)

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BLAPL No. 7423 of 2018

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BLAPL Nos. 7423, 7424 and 7425 of 2018

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13.02.2019 Heard learned counsels for the petitioners and the learned counsel for the State.

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These bail applications under Section 439 Cr.P.C. are in connection with G.R. Case No.286 of 2018 arising out of Fategarh P.S. Case No.142 of 2018 pending in the Court of learned J.M.F.C., Khandapada for alleged commission of offences punishable under sections 302/341/294/323/324/ 325/326/354-B/454/380/307/506/34 of the Indian Penal Code.

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The petitioners moved applications for bail before the Court of learned Addl. Sessions Judge, Nayagarh which were rejected on 01.10.2018

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With the consent of the parties, these bail applications are heard analogously and disposed of by this common order.

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Learned counsel for the petitioners submitted that the occurrence in question took place on 20.07.2018 and the F.I.R. was lodged on 23.07.2018 and from the side of the petitioners first one F.I.R. was lodged basing on which Fategarh P.S. Case No.141 of 2018 was registered and just as a counter blast to the said case the present case i.e. Fategarh P.S. Case No.142 of 2018 was registered. Learned counsel for the petitioners further submits that the deceased Nityananda Naik was initially treated at C.H.C., Bhapur and the injury report indicates that he has sustained simple injuries while the deceased expired on

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03.08.2018 in his house and thereafter, the case turned to one under section 302 of the Indian Penal Code. He further submitted that as per the eye witnesses account the petitioner Russia @ Rusinath Naik @ Nayak has not assaulted the deceased Nityananda Naik and allegation against this petitioner is that he assaulted the injured Muralidhar Naik who has sustained simple injuries. He further submitted that the allegation against the petitioners Surasena Naik @ Nayak and Sharat Naik @ Nayak are omnibus in nature and therefore, the bail applications of the petitioners may be favourably considered.

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Learned counsel for the State on the other hand opposed the prayer for bail and placed the statement of the injured Muralidhar Naik and he fairly submits that even though there is no allegation of assault on the deceased by the petitioner Russia @ Rusinath Naik @ Nayak but there are allegations against the petitioners Surasena Naik @ Nayak and Sharat Naik @ Nayak who have assaulted the deceased and the deceased has sustained number of injuries as per the post mortem report and therefore, they should not be released on bail.

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Learned counsel for the informant on the other hand vehemently opposite the prayer for bail and submitted that initially the deceased was treated at C.H.C., Bhapur and thereafter, he was referred to the other hospital and since ICU facility was not available in one of the hospital, he was taken to his house where he died and the eye witnesses

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have clearly implicated all the petitioners in the crime and the manner in which the occurrence has taken place and assault was made to a aged person, the petitioners bail applications should be rejected.

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Considering the submissions made by the learned counsels for the respective parties, since there is no allegation of assault against the petitioner Russia @ Rusinath Naik @ Nayak to have assaulted the deceased and the injured Muralidhar Naik to whom he has assaulted has sustained simple injuries and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner Russia @ Rusinath Naik @ Nayak in BLAPL No.7423 of 2018 on bail.

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Let the petitioner Russia @ Rusinath Naik @ Nayak be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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However, taking into account the materials available against the other two persons i.e. Surasena Naik @ Nayak and Sharat Naik @ Nayak and in view of the eye witnesses account and the post mortem report, I am not inclined to release the other two persons i.e. Surasena Naik @ Nayak in BLAPL No.7424 of 2018 and Sharat Naik @ Nayak in BLAPL No.7425 of 2018 on bail.

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Accordingly, the bail application of the other two persons i.e. Surasena Naik @ Nayak and Sharat Naik @ Nayak stands rejected.

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The two persons i.e. Surasena Naik @ Nayak and Sharat Naik @ Nayak are at liberty to renew their prayer for bail after the examination of the eye witnesses before the learned trial Court.

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Accordingly, the bail applications are disposed of. Urgent certified copy of this order be granted on proper application.

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…………………..

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S. K. Sahoo, J.

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Russia@Rusinath Naik@Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Russia@Rusinath Naik@Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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