Prem @ Premananda Naik State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6292 of 2024 Prem @ Premananda Naik State of Odisha ….. Vs. ….. Petitioner Ms. Rajalaxmi Biswal, Advocate Opp. Party Mr. J.P. Patra, A.S.C. Mr. B.S. Das, Advocate along with Mr. Pitamber Jena. Advocate CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 02.08.2024 (Through hybrid mode) Order No. 03. 1. This is the second application of the petitioner under Section 439 Cr.P.C. in connection with Talcher P.S. Case No.425 of 2023 arising out of C.T. Special (POCSO) Case No.54 of 2023, pending in the Court of the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Angul, where the cognizance has been taken of the offences punishable under Sections 450, 363, 366, 376(1), 34 of IPC read with Section 4(1) of the POCSO Act and Section 9 of Prohibition of Child Marriage Act. Trial has started in the case. 2. In BLAPL No.10793 of 2023 as the parents of the victim had appeared in Court and stated that they had no objection if the petitioner is released on bail as he had assured to accept the victim as his wife. Considering the said submission the petitioner had been directed to be released on interim bail for a period of 6 months after an affidavit was filed by the petitioner and his mother in the learned trial Court, that they will accept the victim as wife of the petitioner, subject to other conditions. Page 1 of 4 3. After expiry of the period of interim bail, the petitioner has surrendered in the learned trial Court and moved for bail. His prayer for bail has been rejected on 16.05.2024 by the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Angul. The Court has observed that instead of surrendering on 14.05.2024 the petitioner has surrendered on 16.05.2024. His prayer for bail has been rejected considering the stage of trial and other materials on record. 4. Ms. R. Biswal, learned counsel appearing on behalf of the petitioner submits that after the necessary affidavit was filed in the Court, the petitioner was released on bail by the learned Court below and the victim has come to the house of the petitioner and is residing there peacefully. Trial in the case is continuing and the victim and other witnesses have been examined in the case. She further submits that the petitioner and the minor victim had married each other but as she was a minor and there was some misunderstanding between them, she had left the house and FIR had been lodged against the petitioner. Now as she is residing peacefully in the house of the petitioner, the prayer for bail of the petitioner may be sympathetically considered. She further submits that on account of some mis-communication with his counsel, the petitioner instead of surrendering on 14.05.2024 has surrendered on 16.05.2024 in the learned Court below. This was not deliberate. 5. Mr. Pitamber Jena, learned counsel had appeared on behalf of the mother of the victim has filed an affidavit stating that the victim is staying happily in the house of the petitioner and a copy of the affidavit has been served on the learned State Counsel. 6. Learned State Counsel had been directed to obtain instructions Page 2 of 4 through the I.O. regarding veracity of the affidavit filed on behalf of the mother of the victim. 7. Today Mr. J.P. Patra, learned Addl. Standing Counsel for the State produces the instructions dated 29.07.2024 of the I.I.C., Talcher Police Station, Angul where it has been stated that during enquiry it came to light that the victim girl was residing in the house of the petitioner and on being asked had stated that she is staying happily and peacefully in their house without any hindrance and that she was suffering from Anemia and when she was felt unwell, she was taking Dexorange syrup/capsules. Mr. Patra, learned Addl. Standing Counsel is directed to file the said instruction along with a memo before the Registry. If the instruction is filed, the same shall be scanned and incorporated in the digital record. 8. Ms. Rajalaxmi Biswal, learned counsel for the petitioner submits that in the meanwhile 17 witnesses have been examined in the trial including the victim and none of them have stated anything incriminating against the petitioner. She also submits that the copies of the depositions of P.W.1 to P.W.17 have been served on Mr. Patra, learned Addl. Standing Counsel. 9. Perused the deposition of the P.W.1 who is the victim. She has not supported the prosecution case for which the prosecution asked her questions under Section 154 of the Evidence Act. P.Ws. 8, 9, 10, 11, 16 and 17 have also not supported the prosecution case. 10. Mr. Patra, learned Addl. Standing Counsel submits that the victim is a minor but as she is staying in the house of the petitioner, she has not supported the prosecution case. 11. Considering the nature of allegations against the petitioner and Page 3 of 4 the developments in the case and as the victim has not supported the prosecution case, I am inclined to release the petitioner on bail. 12. Let the petitioner Prem @ Premananda Naik be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions: (i) He will not commit any offence while on bail. (ii) He will not try to influence or threaten the prosecution witnesses. (iii) He will report before the I.I.C., Talcher Police Station once in a month, preferably on the first Sunday between 3.00 p.m. to 5.00 p.m. till conclusion of trial or for a period of six months whichever is earlier. (iv) He will remain present in the trial Court on each date it is fixed for trial. 13. Violation of any condition will entail in cancellation of bail. 14. No observation in this order shall influence the learned trial Court, as they have been made for considering the prayer for bail. 15. The BLAPL is disposed of. 16. A copy of this order be supplied to Mr. J.P. Patra, learned Addl. Standing Counsel for the State for onward transmission to the I.I.C., Talcher Police Station. Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-Aug-2024 20:22:57 (Savitri Ratho) Judge Page 4 of 4