Orissa High Court
Karu@Ajita Swain vs State Of Odisha on 19 January, 2021
Author: Savitri Ratho
Bench: Savitri Ratho
BLAPL No. 7168 of 2020
Karu@Ajita Swain .... Petitioner
-Vrs.-
State of Odisha .... Opp. party
03. 19.01.2021 Heard Mr. Ramesh Ch. Behera ,learned counsel
for the petitioner and Mr. G.N. Rout., learned Addl.
Standing Counsel for the State through video conferencing
mode because of COVID-19.
This is an application under section 439 of
Cr.P.C. for grant of bail to the petitioner- Karu@ Ajita
Swain in connection with Aska P.S. Case No.446 of 2020
corresponding to G.R. Case No.801 of 2020 pending in the
Court of learned J.M.F.C., Aska, registered for commission
of offences punishable under Sections 363, 364, 370,511,
307 , 506/34 of I.P.C.
The petitioner had moved an application for bail
before the Court of learned Addl. Sessions Judge, Aska
which was rejected on 29.09.2020.
The brief facts of the case are that the mother of
the informant Swarajya Gouda is dead and he was staying
with his father and three unmarried sisters . One of his
sisters was aged about 12 years and had discontinued her
studies . His co - villagers Chitrasen Tarai, Panchu
prasant
Gouda, Sadhu Swain of village Ramachandrapur and five
others had approached him for selling her to them . When
he refused , they pressurized and threatened him and
offered to pay him Rs.30,000/-. The intended to sacrifice
his sister by immolating her . On the date of occurrence ,
at about 10.00 pm , they came armed with various
weapons like sword, kati etc and tried to take her away .
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On the arrival of villagers, they left the spot threatening the
informant of dire consequences .
Learned counsel for the petitioner submits that
the petitioner is in custody since 06.09.2020. He further
submits that the investigation of the case is over and one
co accused Sangram Keshari Swain has been granted
anticipatory bail in ABLPL No 12761 of 2020 and another
co accused Ratnakar Sethi has been granted bail in BL
APL No 8207 of 2020 and as he stand on a similar footing
, he may be granted bail has progressed and there is no
chance of tampering with the prosecution evidence and
that since the petitioner is a local person, there is also no
chance of his absconding and other materials available on
record and therefore, the bail application may be
favourably considered.
Learned counsel for the State has produced the
case diary and opposed the prayer for bail stating that the
petitioner alongwith the other co accused would have
kidnapped the minor girl and sacrificed her if the villagers
had not arrived at the spot and should not be shown any
indulgence .
Considering the nature of allegations against the
petitioner , period of his detention in judicial custody and
the release of co accused on bail , I am inclined to allow
his prayer for bail .
Let the petitioner- Karu @ Ajita Swain be released
on bail on such terms and conditions as may be fixed by
the learned Court below in seisin over the matter,
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including the following conditions:
i) He will report before the Aska Police Station ,
once every Wednesday between 3.00 pm to
7.00pm for a period of one year .
ii) He will appear in person in the Court on each
date the case is posted to .
iii) He will not threaten or attempt to influence the
prosecution witnesses in any manner .
iv) He will not indulge in any criminal activity while
on bail.
Copy of this order be sent to the IIC Aska Police
Station so that he will immediately report , if there is non
compliance of condition No (i).
Violation of any condition will entail in. cancellation
of bail .
The BLAPL is accordingly disposed of.
.............................
Savitri Ratho, J.