Allowed

Abhisek Naik v. State of Odisha

Orissa HC1 Nov 2021BLAPL/6300/2021

Case brief

AI extract

What is this about?

This court allowed a bail application under Section 439 Cr.P.C regarding a missing person case involving the petitioner and the victim's daughter. Considering the elopement, relationship evidence, and charging sheet, bail was granted with conditions.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 40,000 with one solvent surety for the like amount, upon condition not to terrorize the victim's family.

Abhisek Naik Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.6300 of 2021

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Abhisek Naik

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…. Petitioner

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Mr. Satya Ranjan Mulia, Advocate

-versus-

State of Odisha

…. Opposite Parties

Mr. Karunakar Gaya, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

Order
No.

ORDER
01.11.2021

Heard learned counsel for the petitioner and learned
counsel for the State.

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This is an application under Section 439 of Cr.P.C for grant of bail to the petitioner in connection with Capital P.S. Case No.341 of 2021 corresponding to T.R. Case No.270 of 2021 pending in the court of learned Addl. Sessions Judge, Bhubaneswar.

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Perused the FIR and other documents including the impugned order dated 02.08.2021.

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FIR dated 04.06.2021 was lodged by the complainant alleging therein that his daughter aged about 16 years went missing on 01.06.2021 at 5 PM during the evening hours and she did not return and could not be traced out despite being searched by them. In that connection, the petitioner was arrested and forwarded to the Court and since the date of arrest, he is in judicial custody.

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// 2 //

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Learned counsel for the petitioner submits that the parties were in a relationship as it is revealed from the victim’s statement recorded under Section 161 of Cr.P.C and both lived as husband and wife and considering the fact that the petitioner is in custody since 18.06.2021 and the fact that charge sheet has already been filed, he should be enlarged on bail.

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Learned counsel for the State admitted that it is a case of elopement and submitted that the victim became pregnant but subsequently, she suffered a miscarriage.

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From the impugned order dated 02.08.2021, it appears that the victim was prosecuting her study in +2 Arts at the relevant period. From the victim’s statement under Section 161 of Cr.P.C, it is also revealed that she and petitioner had friendship for about five months and after that, they got married at temple and started leading a conjugal life.

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Having regard to the materials on record and considering the statement of the victim girl recorded under Section 161 of Cr.P.C and the period of detention and also the fact that charge sheet is filed in the meantime and having regard to the fact that the petitioner had been granted interim bail by this Court, the Court is of the considered view that he should be released on bail with conditions.

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In the result, the petition for grant of bail stands allowed. Consequently, it is directed that the petitioner be released on bail in the aforesaid case on furnishing of a bail bond of Rs.40,000/(Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the court in seisin over of the matter with a condition that he shall not terrorize her family, in any manner whatsoever, while on bail.

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// 3 //

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10. The BLAPL is disposed of.

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Urgent certified copy of this order be granted as per rules.

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(R.K. Pattanaik) Judge

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TUDU

Abhisek Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Abhisek Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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