Hrushikesh Das Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Hrushikesh Das Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted to all petitioners on bail bonds of Rs.50,000/- each with two solvent sureties of like amount, subject to conditions (no offending while on bail, attendance on every trial date else exposure under S.229-A IPC, no leaving trial-court jurisdiction without prior permission); trial Court left free to cancel bail on violation without further reference to this Court.

Issue for consideration

Whether the petitioners, accused of kidnapping and gang rape under Sections 366/323/376-D/376(2)(m)/379/34 IPC in their successive bail application, should be granted bail, given the victim's deposition not supporting the prosecution case, her failure to identify any petitioner, and the petitioners' custody since 17.12.2022.

Ratio / Principle

The Court granted bail to the petitioners without expressing any opinion on the merits of the case, after considering the rival submissions, the materials on record including the evidence of the victim produced on behalf of the petitioners, and regard being had to their pre-trial detention in custody since 17.12.2022.

Key takeaways

The petitioners were allowed to go on bail on furnishing bail bonds of Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Court in seisin, subject to conditions: no commission of offence while on bail; attendance at the trial Court on each date of posting, failure without sufficient cause exposing them to prosecution under S.229-A IPC; and no leaving the trial Court's jurisdiction without prior permission till disposal of the case.ratio¶21
The Court clarified that the Court in seisin of the case is at liberty to cancel the bail without further reference to this Court if any of the imposed conditions are violated or a case for cancellation is otherwise made out, and that subsequent involvement of the petitioners in similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail.ratio¶26

Detailed headnote1 paragraphs

BLAPL No.2200 of 2024 | High Court of Orissa at Cuttack | Coram: Justice G. Satapathy | Oral order dated 21.06.2024. Successive bail application under S.439 Cr.P.C. by Hrushikesh Das and others for bail in Kaniha P.S. Case No. 341 of 2022 corresponding to C.T.(S) Case No. 45 of 2023 pending before the learned Additional District & Sessions Judge, Talcher, for offences punishable under Sections 366/323/376-D/376(2)(m)/379/34 IPC, on the main allegation of kidnapping the victim and committing gang rape upon her. Counsel for the informant candidly submitted that the victim has not supported the prosecution case and has failed to identify any of the petitioners; petitioner's counsel took the Court through the certified copy of the victim's deposition. After considering the rival submissions, the materials on record including the victim's evidence, and the petitioners' pre-trial detention in custody since 17.12.2022, the Court, expressly without expressing any opinion on the merits, granted bail: bail bonds of Rs.50,000/- each with two solvent sureties for the like amount, subject to conditions that the petitioners commit no offence while on bail, attend the trial Court on each date of posting (failure without sufficient cause may attract prosecution under S.229-A IPC), and do not leave the trial Court's jurisdiction without prior permission till disposal of the case. The trial Court was declared at liberty to cancel the bail without further reference to this Court on violation of these conditions or otherwise, with future involvement in similar/grave offences on prima facie accusations capable of being treated as a ground for cancellation. The BLAPL stands disposed of; urgent certified copy ordered.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2200 of 2024

Hrushikesh Das and others

… Petitioners

Ms. D.R.Nanda, Advocate

-versus-

State of Odisha … Opposite Party

Mr. S.N.Nayak, ASC

Mr.J.N.Panda, Advocate for informant-victim

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

03.

21.06.2024

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a successive bail application U/S.439 of Cr.P.C. by the Petitioners for grant of bail in connection with Kaniha P.S. Case No. 341 of 2022 corresponding to C.T.(S) Case No. 45 of 2023 pending in the Court of learned Additional District & Sessions Judge, Talcher for commission of offences punishable Under Sections 366/323/376-D/376(2)(m)/379/34 of IPC, on the main allegation of kidnapping the victim and committing gang rape upon her.

At the outset, Ms.D.R.Nanda, learned counsel for the petitioners informs the Court that no bail application of the petitioners is pending before any other forum except this one. Mr.J.N.Panda, learned counsel files Vakalatnama for informant-victim in Court today, which is taken on record.

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Heard, Ms. D.R.Nanda, learned counsel for the petitioners and Mr.S.N.Nayak, learned ASC and Mr.J.N.Panda, learned counsel for the informant-victim and perused the record.

Mr.J.N.Panda, learned counsel for the informant very candidly submits that the victim has not supported the prosecution case and she has failed to identify any of the petitioners in this case. On the other hand, Ms.D.R.Nanda, learned counsel for the petitioners took this Court through the certified copy of deposition of the victim.

After having considered the rival submissions and on going through the materials placed on record including the evidence of the victim as produced on behalf of the petitioners and regard being had to the pre-trial detention of the petitioners in custody since 17.12.2022, this without expressing any opinion on the merits of the case, grants bail to the petitioners.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall not commit any offence while on bail,

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(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case the Petitioners fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

Signature Not Verified

kishore

Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 21-Jun-2024 16:49:55

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