Partly allowed

Rakesh Kumar Mohapatra v. State of Odisha

Orissa HC1 Dec 2023CRLA/967/2023

Case brief

AI extract

What is this about?

Single judge order in a bail appeal concerning an alleged murder and SC/ST offence. Appellant no 2’s bail was rejected due to prima facie evidence, while bail for appellant no 1 was granted as interim due to a co-accused’s similar bail.

What did the court decide?

Bail directed to be granted for appellant no 1 as interim bail for three months; bail rejected for appellant no 2 with liberty to renew after further examination.

Rakesh Kumar Mohapatra Vs State of Odisha — Caste Atrocities | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No. 967 of 2023

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Rakesh Kumar Mohapatra & Anr.

.…

Appellants

Mr. B. Mansing, Adv.

Versus -

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State of Odisha & Anr.

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.…

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Respondents

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Addl. Standing Counsel

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CORAM:

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JUSTICE SASHIKANTA MISHRA

ORDER

01.12.2023

Order No.

This matter is taken up through hybrid mode.

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05.

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Heard learned counsel for the appellants and learned Addl. Standing Counsel for the State.

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The appellants are in custody since 02.01.2022 in connection with Kumbharapada P.S. Case No.1 of 2022 corresponding to T.R. Case No.39/51 of 2022 pending in the Court of learned 2^nd Addl. District & Sessions Judge, Puri for the alleged commission of offence under Sections 302/34 of IPC read with Section 3(2)(v) of SC and ST (PoA) Act.

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It is alleged that there was a quarrel between both parties because of demand of dada bati from the shop of appellant No.2. It is submitted that when the deceased attempted to assault him by means of a sword, appellant No.2 acted in self defence and assaulted him by means of a knife.

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After perusing the statement of witnesses and particularly, that of P.W.-3 and the eye-witnesses, namely, Anita Naik and Kalu Naik this Court finds that the main allegation of assault by knife has been attributed to

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appellant No.2. In view of prima facie evidence against him, I am not inclined to grant bail, which is therefore, rejected.

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In so far as appellant No.1 is concerned, the allegation is that he had facilitated the appellant No.2 in committing the alleged offence by holding the deceased when the appellant No.2 stabbed him.

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Having regard to the nature of accusations and the fact that the co-accused, Namita Behera, who stands on the similar footing has been granted bail, I am inclined to take a lenient view. The bail application is disposed of in respect of appellant No.1 by directing the Court below to release him on interim bail for a period of three months from the date of his actual release on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall not approach, contact, threaten or pressurize any of the witnesses and shall also appear before the IIC of Kumbharapada Police Station on every alternate Sunday at 10 a.m. till the period of interim bail. After expiry of the interim bail period, he shall surrender to custody.

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The appellant No.2 is permitted to renew his prayer after examination of the other eye-witnesses.

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The CRLA is disposed of.

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Issue urgent certified copy as per rules.

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( Sashikanta Mishra)

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A.K. Rana

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Judge

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Signature Not Verified

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Digitally Signed Signed by: AJAYA KUMAR RANA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Dec-2023 11:56:04

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Rakesh Kumar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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