Allowed

Muna @ Manoj Kumar Naik v. State of Odisha

Orissa HC11 Sept 2024BLAPL/3768/2024

Case brief

AI extract

What is this about?

Hearing a bail application under Section 439 Cr.P.C. filed by an accused in a rape case where the victim turned hostile. The High Court acknowledged the custody period and lack of corroborative witness support to admit the petitioner on bail subject to conditions.

What did the court decide?

Petitioner released on bail by the Court below in seisin over the matter subject to specific additional conditions.

Muna @ Manoj Kumar Naik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.3768 of 2024

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Muna @ Manoj Kumar Naiak …. Petitioner

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Mr. A.K. Sahoo, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. B.K. Ragada, AGA

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order

No.

ORDER

11.09.2024

This is an application under Section 439 Cr.P.C.

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

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The petitioner is an accused in connection with Kundheigola P.S. Case No.70 of 2024 corresponding to C.T. Case No.125 of 2024 registered under Sections 376-D/294/506/34 of the I.P.C. pending in the Court of leaned J.M.F.C., Reamal.

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The prosecution case is that, at about 3 P.M. while the informant was alone in her house, at that time, the petitioner, Manoj Naik entered into her house and requested the informant to providing some drinking water. While the informant was giving water

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to him at that time he forcibly dragging her into a room and committed rape on her and at that time another person put a Bhujali on her neck. In spite of her protest, they did not listen to her and subsequently, they fled away in a motor cycle. While they were leaving the place, they threatened the informant that if she raised hullah or disclosed the fact before anybody they will kill her. The informant intimated the said fact to her husband and thereafter, to the father-in-law of the said Manoj Naik. But the in-laws of the petitioner asked the informant not to take any steps against him. Hence, the F.I.R.

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Learned counsel for the State submits that the victim, who is aged about 27 years, has been examined as P.W.1. She in her examination-in-chief has inter alia stated as under:

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“2. On that day, the accused persons had consumed liquor and make hot word exchange with me so I lodged the F.I.R. against the accused persons in the police station.

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3. The FIR is marked as Ext.P-1/PW1 and my signature in the FIR is marked as Ext.P-1/1/PW1. The police had sent me to medical for medication examination. I put my signature in the medical report and my signature inthemedical report is marked as Ext.P-2/PW1. The police has not seized anything from me. I put my signature in the seizure list. The seizure list is marked as Ext.P3/PW1 (subject to proof) and my signature in the seizure list is marked as Ext.P-3/1/PW1. I put my signature in another seizure list and the seizure list is marked as Ext.P-4/PW (subject to proof) and my signature in another seizure list is marked as Ext.P-4/1/PW1. I put my signature in another medical report dtd 23.02.2024 and my signature

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is marked as Ext.P-5/PW1.

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4. I put my signature in the statement which I have deposed before the Magistrate. The statement before the Magistrate is marked as Ext.P-6/PW1 and my signature in the statement is marked as Ext.P-6/1/PW1. I put my signature in the report of Test Identification Parade and my signature is marked as Ext.P-7/PW1.”

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The prosecution has declared the said witness to be hostile. Since the victim girl has turned hostile and was subjected to cross-examine by the prosecutor, however, nothing could be elucidated from her statement. Other witnesses have already been examined as P.W.2 and P.W.3. On perusal of the evidence of the witnesses also reveals that none of them have supported the prosecution case.

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The petitioner had approached the learned Sessions Judge, Deogarh praying for grant of bail. The learned Court below vide its order dated 15.03.2024, rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

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Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court, except the present one.

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Taking into consideration the period of custody since 24.02.2024, the nature of accusation and the fact that the victim and other witnesses have already

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been examined by the learned Court below, I am inclined to admit the petitioner on bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

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(i) The petitioner shall not tamper with the evidence in any manner whatsoever;

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(ii) He shall not contact the victim or her family members;

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(iii) He shall appear before the Court below on each date of trial;

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Violation of any of the bail conditions shall entail cancellation of the bail granted to the petitioner. The prosecution is given liberty to move application before the Court below for cancellation of bail, if the petitioner violates any of the conditions of the bail granted to him.

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The BLAPL is accordingly disposed of.

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(S.S. Mishra)

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Judge

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Signature Not Verifiedamit

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 12-Sep-2024 18:49:50

Muna @ Manoj Kumar Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Muna @ Manoj Kumar Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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