Jaga @ Jagannath Sahoo … v. ….. Opp. Party Mr. S.S. Mohapatra, A.S.C. (for State) Mr. Amitav Tripathy, Advocate (for
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3416 of 2024 Jaga @ Jagannath Sahoo ….. Petitioner Mr. Kalu Charan Swain, Advocate State of Odisha Vs. ….. Opp. Party Mr. S.S. Mohapatra, A.S.C. (for State) Mr. Amitav Tripathy, Advocate (for Informant) CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 07.03.2025 (Through hybrid mode) Order No. 05. 1. This is the second application of the petitioner under Section 439 of the Cr.P.C. in connection with Odagaon P.S. case No. 214 of 2023 corresponding to Special G.R. Case No. 94 of 2023 pending before the Court of the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Nayagarh, where the petitioner is facing trial for commission of offences punishable under Sections 452, 294, 354, 354-A, 354-B, 354-D, 509, 506 376(2)(n) & 307 of the IPC, read with Section 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(w) & 3(1)(i) of the SC & ST (Prevention of Atrocities) Act and Sections 6 and 8 of the POCSO Act. Page 1 of 6 2. His earlier application - BLAPL No. 214 of 2024 was dismissed on 09.02.2024 granting him liberty to move for bail afresh as chargesheet had been filed in the meanwhile. 3. Thereafter, the petitioner had moved the learned Court below for bail and his prayer has been rejected by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Nayagarh on 05.03.2024. 4. The prosecution allegation in brief is that when the informant was aged about 16 years (which was two years before the lodged the FIR), she and her family members resided in a rented house near the house of the petitioner. At that time, pretending to be in love with her, the petitioner kept physical relationship with her and clicked photographs and videos of their intimate moments. After that the petitioner had proposed to marry her and threatened that if she did not agree, he would circulate her photos. He would harass her when she would go to college and abuse her using obscene language. He insulted and humiliated her by referring to her as “Dhobani” and also threatened to kill her mother and brother if she did not accept his proposal. On 13.10.2023 when her mother was absent from the house, at 10.00 a.m., the petitioner came to her house outraged her modesty, and threatened that if she did not marry him, he would throw acid on her and if she reported the matter to anybody, he would kill her brother and mother. Page 2 of 6 At his instance a snake had been left in her in her house to kill her. 5. Mr. Kalu Charan Swain, learned counsel for the petitioner submitted that the petitioner is in custody since 16.10.2023 and in the meanwhile trial has started and four witnesses including the victim have been examined. He and the victim were in a consensual relationship, but she has subsequently made false allegations against him. This would be apparent as she has given different versions in the FIR, in her statements recorded under Sections 161 and 164 Cr.P.C. and in her deposition in Court. The allegation that when the petitioner was in custody at his instance, a snake was left in her house is false. He also submitted that the medical report does not support her allegations of rape and as the victim has already been examined in the trial, considering the nature of allegation and the period spent by the petitioner in custody, he may be released on bail. 6. Pursuant to issuance of notice, the victim had appeared through virtual mode from the Odagaon Police Station being identified by the constable of the Police Station. She stated that even while in custody the petitioner had been threatening her through his brother and if he is released on bail, he will kill her and her family members. She also submitted that while he was in custody, on his instructions a snake was left in her house. She has further submitted that she is pursuing her Page 3 of 6 studies and fears that if the petitioner is released on bail, he will harass her and prevent her from attending her classes. 7. Mr. Amitav Tripathy, learned counsel appearing for the informant submitted that in the meanwhile, two more witnesses have been examined (total six prosecution witnesses). The victim has supported the prosecution case while deposing in Court and minor variations are natural between the FIR and the statement recorded under Sections 161 and 164 of the Cr.P.C. and the FIR is not an encyclopedia of the prosecution case. He further submitted that the submissions of the learned counsel for the petitioner regarding these variations can be considered by the trial court and not in a bail application when the case is in the midst of trial. He has finally submitted that as the petitioner is constantly threatening the victim and her family members for which there is every likelihood that the petitioner will disrupt her education and try to harm her and her family members, if he is released on bail. 8. Mr. S.S. Mohapatra, learned Additional Standing Counsel for the State has submitted that the petitioner has taken advantage of the minor victim and kept physical relationship with her. Thereafter he has been harassing her. He has two criminal antecedents which are under Section 506 of IPC and he is likely to continue to harass and threaten Page 4 of 6 the victim and her family members if he is released on bail. 9. Considering the nature of allegations against the petitioner, the age of the petitioner and the victim, as the victim has already been examined in the trial, I am inclined to allow the prayer for bail. But in view of the apprehension expressed by her and her counsel, it is necessary to impose stringent conditions. 10. The petitioner- Jaga @ Jagannath Sahoo, shall 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 indulge in any criminal activity while on bail. (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii) He shall not go near the house, village or College of the victim girl or try to contact her. (iv) He will remain personally present in the learned trial court, on each date. (v) After his release on bail, he will report before the Odagaon Police Station every alternate day between 6.00 P.M. to 7.00 P.M. till conclusion of the trial except on the dates when the case is posted before the learned trial Court. Page 5 of 6 11. Violation of any condition will entail in recall of this order / cancellation of bail. 12. The BLAPL is accordingly disposed of. 13. A copy of this order be supplied to Ms. Sarita Maharana, learned Additional Standing Counsel for onward transmission to the I.I.C., Odagaon Police Station who shall promptly report non-compliance / violation of the conditions to the learned trial Court. Sukanta (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 11-Mar-2025 20:30:12 Page 6 of 6