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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5089 of 2021

Akshay Ojha

…. Petitioner

Mr.Lalitendu Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr.S.S.Mohapatra, ASC

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

20.1.2022

Order No.

12.

1. This matter is taken up by video conferencing mode.

2. Heard Mr.Mishra, learned counsel for the Petitioner and

Mr.Mohapatra, learned Additional Standing Counsel for the

State.

3. As per the certified copy of the order dated 3.1.2022 placed at

flag-A, the Petitioner has surrendered before the learned trial

court on the said date.

4. This is an application under Section 439 Cr.P.C. for grant of

bail to the Petitioner in connection with G.R.Case No.310 of

2021 arising out of Barbil P.S.Case No.94 of 2021 pending in the

court of the learned J.M.F.C., Barbil for alleged commission of

offence under Sections 376(D)/394 of the I.P.C.

5. It is submitted that the Petitioner is inside custody since

7.6.2021 barring the periods when he was released on interim

bail. It is further submitted that in the meantime ten witnesses

have been examined in course of trial and all the independent

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witnesses including the victim (P.W.9) and the scribe (P.W.10)

of the F.I.R. have not supported the prosecution case. It is also

submitted that the victim has refused for her medical

examination which is admitted by her in course of her

examination as well as by the Doctor (P.W.7). The certified

copies of depositions of P.Ws.1 to 10 as filed by the Petitioner

are kept on record.

6. Upon hearing Mr.Mohapatra, learned Additional Standing

Counsel for the State and perusal of copies of the depositions of

P.Ws.1 to 10, it reveals that the victim has been examined as

P.W.9 and she has not supported the prosecution case. Even she

has denied to identify the accused persons. The relevant portion

of her examination-in-chief is reproduced below:

“1.

I am the victim-informant of the case. I do not

know the accused persons standing in the dock.

2.

About six months back I was called by police to

P.S. there the police insisted me to sign on a written

paper, so I signed. This is my said signature marked as

Ext.11. Police sent me to medical but I refused to be

examined. Police also took me to Barbil Court and

produced me before Magistrate, who recorded my

statement. I gave my statement at the instruction of

police and signed on a paper. This is my signatures

marked as Ext.12 and Ext.12/1. Police took me to the

Barbil jail and obtained my signature on a form. This

is my signature marked as Ext.13.”

7. Considering the statement of the witnesses so far examined

in course of trial, particularly the evidence of P.W.9, it is

directed that the Petitioner be released on bail in the aforesaid

case on such terms and conditions to be fixed by the learned

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court below in seisin over the matter including the condition that

he shall attend the trial court on each date fixed.

8. The BLAPL is disposed of.

9. As the restrictions due to resurgence of COVID-19 situation

are continuing, learned counsel for the parties may utilize a

printout of the order available in the High Court’s website, at par

with certified copy, subject to attestation by the concerned

advocate, in the manner prescribed vide Court’s Notice No.4587,

dated 25^th March, 2020, modified by Notice No.4798, dated 15^th

April,2021, and Court’s Office Order circulated vide Memo

Nos.514 and 515 dated 7^th January,2022.

( B.P. Routray)

Judge

CRBiswal