The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 27-Jun-2024 13:42:55 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3720 of 2024 Santosh Kumar Samal @ Kanha ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. – Mr. B.C. Ghadei Opposite Parties Represented By Adv. –
Legal Reasoning
Mr. Debasish Biswal, A.S.C. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. 02.
Decision
ORDER 25.06.2024 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State- Opposite Party. Perused the materials placed before this Court. 3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with T.R. Case No.1 of 2024, arising out of Nimapada P.S. Case No.402 of 2023, corresponding to Special G.R. Case No.87 of 2023, pending in the court of learned Additional Sessions Judge- cum-Special Judge, Nimapada, for alleged commission of offence punishable under Sections 363/366/376(2)(n) of the I.P.C read Page 1 of 5. Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 27-Jun-2024 13:42:55 with Section 6 of the POCSO Act. 4. It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 01.11.2023. He further submitted that in the meantime investigation has been concluded and final charge sheet has been filed on 28.12.2023. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted it has been alleged in the F.I.R. that the Petitioner forcibly took away the victim and committed rape on her. On such basis, the present case has been registered by falsely implicated the Petitioner in the present case. 5. In course of his argument, learned counsel for the Petitioner referred to the statement of the victim recorded under Section 164 of Cr.P.C. By referring to the said statement, learned counsel for the Petitioner submitted that the victim in her statement recorded under Section 164 of Cr.P.C. has admitted that she was in a love relationship with the present Petitioner and that she had eloped with the present Petitioner in October, 2021 and thereafter they were staying together. She further stated that she had kept physical relationship with the Petitioner. After staying with the Petitioner for a while, the Petitioner took the victim to her parental house and left her there. She has further stated that she had a quarrel with the Petitioner and thereafter they stop talking. Finally, she came to learn that the Petitioner was talking with one of her friend, namely, Dipa and wants to marry her. Accordingly, she had lodged the F.I.R. Learned counsel for the Petitioner also referred to the statement of the other witnesses who have consistently stated that Page 2 of 5. Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 27-Jun-2024 13:42:55 they had a love relationship and that the victim fled away with the Petitioner. 6. Learned counsel for the Petitioner further submitted that the Petitioner had attained majority by the time the present case was lodged. He further submitted that the date of birth of the victim is 15.02.2004. On such ground, learned counsel for the Petitioner submitted that the Petitioner has been falsely entangled in this case and no case is made out under Sections 363/366 of the I.P.C. against the present Petitioner. It is also contended that the Petitioner, who is a young boy, aged about 22 years, is languishing in custody since 01.11.2023. 7. Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail. At the outset, learned counsel for the State submitted that the allegation made in the F.I.R. is grave and serious in nature. He further contended that the witnesses including the Informant have supported the case of the prosecution. 8. With regard to the other submissions made by the learned counsel for the Petitioner, learned counsel for the State submitted that those facts are the matter of trial and the same cannot be taken at this stage while considering the bail application of the Petitioner. On such ground, learned counsel for the State submitted that the Petitioner should not be enlarged on bail. 9. On careful analysis of the materials on record as well as surrounding facts and circumstances of the present case, this Court is of the prima facie view that the victim, in her statement, has categorically stated that she fled away with the Petitioner and she Page 3 of 5. Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 27-Jun-2024 13:42:55 was staying with the Petitioner for several months and, during such period, they had physical relationship with each other. Moreover, in the statement of the victim recorded under Section 164 of Cr.P.C., she has not stated that she was forced into such physical relationship. It further appears that the victim refuses the medical examination. On further consideration of the fact that the victim was major by the time the case was registered and that the Petitioner is aged about 23 years and that there is no allegation of any forcible conduct of the present Petitioner, this Court is inclined to release the Petitioner on bail subject to stringent conditions. 10. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to the following conditions:- I) He shall appear before the trial court on each and every date of posting of the case; II) He shall not threaten, harass or terrorize the prosecution witnesses in any manner whatsoever while on bail; III) He shall not tamper with the prosecution evidence in any manner while on bail; and IV) He shall not threaten, harass, induce or influence the victim and her family members in any manner whatsoever while on bail. Page 4 of 5. Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 27-Jun-2024 13:42:55 Violation of any of the aforesaid terms and conditions shall entail cancellation of bail. 11. The BLAPL is, accordingly, disposed of. Issue urgent certified copy of this order as per Rules. Debasis ( Aditya Kumar Mohapatra) Judge Page 5 of 5.