Partly allowed

Shankar Nayak v. State of Odisha

Orissa HC23 Aug 2021BLAPL/1013/2021

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of two bail applications arising from a case involving kidnapping and death of a minor. Shawer Nayak and Sushila Nayak were granted bail, while Upendra Nayak's application was dismissed to be renewed later after witness examination.

What did the court decide?

Petitioners Shankar Nayak and Sushila Nayak released on bail with a bond of Rs.50,000 each; Upendra Nayak's application dismissed with liberty to renew later.

Shankar Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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AIN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1013 of 2021

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Shankar Nayak
2. Sushila Nayak …. Petitioners
Mr. S. Mohanty, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. J.P. Patra,
Addl.Standing Counsel
BLAPL No.1014 of 2021
Upendra Nayak …. Petitioner
Mr. S. Mohanty, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. J.P. Patra,
Addl.Standing Counsel
CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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ORDER
23.08.2021

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Both bail applications are taken up through Hybrid arrangement (video conferencing/physical Mode).

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Since both the bail applications arise out of one case i.e. G.R. Case No.66 of 2020 pending the Court

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// 2 //

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of learned J.M.F.C., Semiliguda, with the consent of the learned counsel for the respective parties, both the cases are heard analogously and disposed of by this common order.

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Heard Mr. S. Mohanty, learned counsel appearing for the petitioners and Mr. J.P. Patra, learned counsel for the State in both the bail applications.

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Both the applications for bail under section 439 of Cr.P.C. in connection with Semiliguda P.S. Case No.112 of 2020 corresponding to G.R. Case No.69 of 2020 pending in the file of learned J.M.F.C., Semiliguda for alleged commission of offences under sections 363/366/368/306/34 of the Indian Penal Code.

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The prayer for bail of the petitioners was rejected by the learned Addl. Sessions Judge, Koraput vide order dated 01.02.2021.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 17.12.2020 and they have been charge sheeted under sections 363/366/368/306/34 of the Indian Penal Code. He further submitted that the prosecution case is that the petitioner Upendra Nayak in BLAPL No.1014 of 2021 kidnapped the deceased Basanti Pujari, who was a minor girl on 29.11.2020 and she was kept confined at a place and subsequently, when she was brought to the house of

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the petitioner no.1 Upendra Nayak, the petitioner no.2 Shankar Nayak, who happens to be the father of Upendra Nayak, did not accept the victim to be his daughter-in-law for which a meeting was convened in the village on 14.12.2020, but no final decision could be taken and again the meeting was re-scheduled to 15.12.2020 and the family members of the deceased were also not inclined to accept the deceased and on 15.12.2020 the dead body of the deceased was found floating inside a well and the cause of death was on

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account of ante mortem drowning. It is contended by learned counsel for the petitioners that in view of the background of the case, the manner in which the occurrence have taken place and the deceased committed suicide, the bail application of the petitioners may be favourably considered.

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Learned counsel for the State has produced the case diary and placed statement of eye witness Madhusudan Nayak, who stated about the kidnapping of the victim by Upendra Nayak i.e. the petitioner in BLAPL No.1014 of 2021. He also placed the post mortem examination report.

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Considering the submissions of the learned counsel for the respective parties, the nature of accusation against the petitioners Shankar Nayak and Sushila Nayak and taking into account the role played by them in the entire occurrence and the period of detention in judicial custody, I am inclined to release

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the petitioners on bail.

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Let the petitioners, namely, Shankar Nayak and Sushila Nayak in BLAPL No.1013 of 2021 be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such other conditions as the learned Court may deem just and proper.

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So far as the petitioner-Upendra Nayak in BLAPL No.1014 of 2021 is concerned, I am not inclined to release him on bail at this stage. However, he is at liberty to renew his prayer for bail after examination of the material witnesses in the trial Court. Both the BLAPLs are accordingly disposed of. Urgent certified copy of this order be issued as per Rules. ( S.K. Sahoo)

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Judge

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Jagabandhu

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Shankar Nayak v. State of Odisha

Case brief

What is this about?

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Shankar Nayak v. State of Odisha

Case brief

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