Orissa High Court
Case Details
Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: AR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Dec-2024 17:44:02 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8962 of 2024 Dillip Naik ……. Petitioner(s) Mr. Tukuna Kumar Mishra, Adv. -Versus- . State of Odisha ……. Opposite Party(s) Mr. M.K. Mohanty, AGA CORAM: DR.JUSTICE S.K. PANIGRAHI
Decision
ORDER 17.12.2024 Order No. 04. F.I.R. No. Dated Police Station Sections Case No. and Courts’ Name 11/2023 case 28.01.2023 Kashipur G.R. No- 34/2023 pending in court the of learned Learned J.M.F.C. Kashipur the Section 306/34of I.P.C, read with 4(1) the of Prevention of Odisha WitchHunting Act, 2013 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: AR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Dec-2024 17:44:02 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The petitioner, who is currently in custody in connection with Kashipur P.S. Case No. 11/2023, corresponding to G.R. Case No. 34/2023, pending in the Court of the Learned J.M.F.C. Kashipur, registered for the alleged commission of offenses under Section 306/34 of the IPC, read with Section 4(1) of the Odisha Prevention of Witch-Hunting Act, 2013, has filed this application under Section 439 of the Cr.P.C. seeking his release on bail. 4. The petitioner, along with co-accused, had previously sought bail, which was rejected. A subsequent application for bail was also dismissed by the Learned Additional District and Sessions Judge, Rayagada. Aggrieved by these orders of rejection, the petitioner has now approached this Court by filing the present application seeking bail. 5. The prosecution’s case, in brief, is that the informant, Sobhasan Jhodia, father of the deceased, lodged a written report before the IIC, Kashipur P.S., alleging that his daughter, Kanchan @ Malanti Jhodia (the deceased), who was married to Khageswar Jhodi and had two children, was found hanging under suspicious circumstances. On 28.01.2023, at approximately 8:00 AM, the informant learned about his daughter’s death, which was discovered by her father-in-law, Jala Jhodia. Upon reaching the Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: AR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Dec-2024 17:44:02 village of Renga, the informant found his daughter in a kneeling position beneath a tree, with a towel tied around her neck. Suspecting foul play, he lodged an FIR, leading to the registration of Kashipur P.S. Case No. 11/2023 under Section 302 IPC. 6. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner’s name has been included in the charges despite the absence of direct evidence linking him to the suicide or any active participation in the alleged crime. The petitioner, being a mere neighbour to the deceased, is implicated solely due to strained relations between the families. 7. The petitioner further submits that the post-mortem report revealed no external injuries on the deceased, and the cause of death was determined to be respiratory asphyxia. There is no evidence of foul play or any involvement of the petitioner in causing the death. 8. The petitioner further submits that he is a permanent resident of Koraput and poses no risk of absconding. Denying bail would result in irreparable harm to him. He has expressed his willingness to fully cooperate with the investigation and trial and is ready to comply with any conditions the Court deems necessary if granted bail. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: AR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Dec-2024 17:44:02 9. Per contra, the learned counsel for the State vehemently opposed the petitioner’s release on bail, emphasizing the nature and gravity of the offenses alleged. The petitioner along with the co- accused, coerced the victim into committing suicide under the suspicion that she was practicing witchcraft. 10. The practice of witch-hunting is rampant in tribal societies, especially in the Rayagada district, and the petitioner has committed this heinous offense with active intent in collusion with co-accused persons. Therefore, the bail petition should be rejected. If granted bail at this stage, the petitioner is likely to abscond and may also pose a threat to prosecution witnesses, hindering the trial process. 11. Now, it is well established that in bail jurisprudence that courts must exercise caution at the stage of granting bail, as it is sufficient to assess whether a prima facie case exists, without delving into detailed reasoning on the merits of the case that may prejudice the accused. It is adequate for the bail order to reflect the factors considered by the Court in extending such relief to the accused. 12. In Ajwar v. Waseem,1 the Supreme Court has observed as following: “28. The considerations that weigh with the appellate Court for setting aside the bail order on an application 1 2024 SCC OnLine SC 974 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: AR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Dec-2024 17:44:02 being moved by the aggrieved party include any supervening circumstances that may have occurred after granting relief to the accused, the conduct of the accused while on bail, any attempt on the part of the accused to procrastinate, resulting in delaying the trial, any instance of threats being extended to the witnesses while on bail, any attempt on the part of the accused to tamper with the evidence in any manner. We may add that this list is only illustrative and not exhaustive. However, the court must be cautious that at the stage of granting bail, only a prima facie case needs to be examined and detailed reasons relating to the merits of the case that may cause prejudice to the accused, ought to be avoided. Suffice it is to state that the bail order should reveal the factors that have been considered by the Court for granting relief to the accused. 29. In Jagjeet Singh (supra), a three-Judges bench of this Court, has observed that the power to grant bail under Section 439 Cr.P.C. is of wide amplitude and the High Court or a Sessions Court, as the case may be, is bestowed with considerable discretion while deciding an application for bail. But this discretion is not unfettered. The order passed must reflect due application of judicial mind following well established principles of law. In ordinary course, courts would be slow to interfere with the order where bail has been granted by the courts below. But if it is found that such an order is illegal or perverse or based upon utterly irrelevant material, the appellate Court would be well within its power to set aside and cancel the bail.” 13. While examining the case records, it prima facie appears that during the investigation, material emerged implicating the petitioner and co-accused under Section 306/34 of the IPC, read with Section 4(1) of the Odisha Prevention of Witch-Hunting Act, Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: AR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Dec-2024 17:44:02 2013. The petitioner has been accused of quarrelling with the deceased and repeatedly pressuring her to leave the village under allegations of witchcraft, creating circumstances that allegedly led to her suicide. A charge sheet was subsequently filed, wherein the petitioner was shown as absconding. 14. Witch-hunting is a deeply entrenched social evil, a practice in which individuals, predominantly women, are wrongfully accused of witchcraft and subjected to severe forms of violence, torture, public humiliation, and even murder. Such practices are often perpetuated by superstitions, patriarchal norms, and lack of education. In rural and tribal areas, misfortunes, including illness or death, are frequently attributed to alleged witchcraft, leaving women particularly vulnerable to false accusations and violent retaliation. In order to address this issue, the Odisha Prevention of Witch-Hunting Act, 2013, was enacted, with the specific objective of curbing the practice of witch-hunting and providing protection to victims from such inhumane and barbaric acts. 15. In Gaurav Jain v. State of Bihar2, the Supreme Court took note of the grave issue of witch-hunting and expressed the urgent need for systemic measures to eradicate this deep-rooted social evil. While the Court declined to issue a mandamus directing the State of Bihar to enact special legislation on the issue, it nonetheless 21991 Supp (2) SCC 133 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: AR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 17-Dec-2024 17:44:02 laid down broad guidelines to address and control the pernicious practice. The Apex Court observed as follows: ". . .We, therefore, consider it appropriate to call upon the State of Bihar to consider the setting up of a special cell in each of the districts vulnerable to witch hunting and allowing intelligence officers in plain clothes to move about in such areas at regular intervals collecting such information and the cell in the police headquarters to maintain up-to-date position by collecting the information, passing on such instructions as may be necessary to keep a proper watch in the localities and carrying on such activities as may be relevant to stopping of witch hunting practice. Instead of giving an outright direction, we consider it appropriate to look for the response of the State Government keeping in view what we have said above so that on the adjourned date a final order could be made." 16. Considering the submissions made and taking into account a comprehensive view of the facts and circumstances of the case at hand, including the grave nature of the allegations levelled against the petitioner, this Court, at this stage, is not inclined to release the petitioner on bail. Furthermore, the fact that the petitioner has been shown as absconding in the charge sheet adds to the necessity for caution. 17. Accordingly, the BLAPL stands dismissed. Judge ( Dr. S.K. Panigrahi)