Disposed

Subash Munda @ Suga Munda v. State of Odisha

Orissa HC3 Apr 2024BLAPL/12726/2023

Case brief

AI extract

What is this about?

Regular bail under section 439 Cr.P.C. for offences under sections 450, 376 IPC and section 6 POCSO Act involving a deaf and dumb minor victim. Considering detention since May 2020, progress of trial and evidence adduced, the High Court granted bail with conditions.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.50,000 with two local solvent sureties, with conditions including no contact with victim/family.

Subash Munda @ Suga Munda Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.12726 of 2023

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Subash Munda @ Suga Munda

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.....

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Petitioner

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Mr.S.K. Samal, Advocate

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-versus-

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State Of Odisha

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..... Opp. Party

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Mr. Rajesh Tripathy Addl. Standing Counsel

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CORAM:

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THE HON'BLE MR. JUSTICE S.K.SAHOO

ORDER

Order No.

03.04.2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

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This is an application for bail under section 439 of Cr.P.C. in connection with Ainthapali P.S. Case No. 255 of 2020 corresponding to Special G.R. Case No. 387 of 2020 pending in the file of learned Addl. Sessions Judge -cum- Special Judge (under POCSO Act), Sambalpur for alleged commission of offences under sections 450/ 376(2)(l)/376(3) of the Indian Penal Code read with

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section 6 of the POCSO Act.

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The bail application of the petitioner has been rejected by the Addl. Sessions Judge -cum- Special Judge (under POCSO Act), Sambalpur as per order dated 17.08.2023.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 30.05.2020 and he has been charge sheeted under sections 450/376(2)(l)/376(3) of the Indian Penal Code read with section 6 of the POCSO Act. Learned counsel further submitted that the petitioner approached this Court for the first time for bail in BLAPL No.5225 of 2020, which was rejected as per order dated 23.12.2020, however, liberty was granted to the petitioner to renew his prayer for bail after examination of the victim, her mother and brother in the learned trial Court. Learned counsel further submitted that in the meantime, trial has commenced and out of thirty charge sheet witnesses, eighteen witnesses have been examined and P.W.4, the victim, has stated that the petitioner gave a bite on her shoulder and she has not stated anything about the commission of rape on her by the petitioner. Learned counsel further submitted that the doctor being examined as P.W.14, noticed one bite

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mark on the left side of neck of the victim and found no sign of recent sexual intercourse, but opined that recent sexual intercourse may not be ruled out. Learned counsel further submitted that in view of the period of detention of the petitioner in judicial custody, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State, on the other hand, placed the evidence of the doctor (P.W.15), who examined the petitioner and noticed one injury and opined that the petitioner is capable of having sexual intercourse and smegma was absent which suggested about having recent sexual intercourse. He placed the evidence of P.W.1, the mother of the victim and further submitted that the victim was a deaf and dumb minor girl.

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Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced so far during trial, the progress of trial and taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer and direct release of the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-

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(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not try to come in contact with the victim or any of her family members, shall not indulge in any criminal activities, shall appear before the learned trial Court when the case would be posted for trial and shall not try to tamper with the prosecution witnesses. Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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PKSahoo

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Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 05-Apr-2024 16:30:23

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Subash Munda @ Suga Munda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subash Munda @ Suga Munda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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