The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 4709 of 2025 Tapas Mandal …. Petitioner Mr. B.K. Ragada on behalf of Mr. U.C. Dora, Advocate State of Odisha …. Opp. Party -versus- Mr. A. Mohanty, ASC Mr. R.R. Sahoo, Advocate (Informant) CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 13.05.2025 1. Heard Mr. B.K. Ragada, learned counsel on behalf of Mr. U.C. Dora, learned counsel for the petitioner; Mr. A. Mohanty, learned Addl. Standing Counsel for the State and Mr. R.R. Sahoo, learned counsel for the victim. 2. The petitioner is an accused in connection with MV-79 P.S. Case No.98 of 2022 corresponding to G.R. Case No. 457 of 2022 registered on the allegation of the alleged commission of offences punishable under Sections 109/212/353/376(1) of IPC, pending in the Court of the learned JMFC, Motu, Malkangiri. 3. The petitioner had approached the learned Sessions Page 1 of 6 Judge, Malkangiri in Bail Application No.83 of 2025 praying for grant of bail. The learned Court below vide its order dated 21.04.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case as per the FIR is that on 30.08.2022 the complainant presented a written report alleging therein that three months ago while the petitioner was on leave, his father Tushar Mandal came to the house of the victim and gave marriage proposal of the petitioner and the victim. After that the victim as well as her mother agreed with the marriage proposal. The petitioner and the victim remained in contact through Telephone. One month ago the petitioner came to the house of the victim and took her to Jeypore on the pretext of purchasing gold ornaments for their marriage and took her in a Car. When they returned from Jeypore, the petitioner brought the victim to his house and committed sexual assault against her will and consent. She protested and shouted by making hullah, but the father of the petitioner shut the door from the outside explaining her that they would marry and, therefore nothing to worry. Hence, the FIR. Page 2 of 6 6. The petitioner is in judicial custody since 21.04.2025. Earlier the petitioner had approached this Court by filing ABLAPL No. 2465 of 2024 and the Coordinate Bench of this Court vide order dated 30.07.2024 referred the matter to the High Court Mediation Centre and also granted interim protection. The petitioner and the victim participated in the mediation process before the High Court mediation centre and arrived at a settlement. The High Court Mediation Centre submitted the mediation reported dated 19.09.2024, inter alia, stating as under:- “During the course of mediation I the undersigned tried to settled the dispute between both the parties amicably and with my best efforts the matter was settled between the parties with the following terms and conditions:- 1. That, both the petitioner namely Tapas Mandal and the informant namely Karisma Biswas are ready to marry each other out of their sweet will and love, affection to each other. 2. That, as agreed by both the parties, the marriage will be solemnized between both of them as per Hindu Rites and Customs by performing all rituals the within registration of the said marriage shall also be applied by both the parties within that period. the end of November, 2024 and 3. That, after solemnization of marriage between both the parties the petitioner will file a petition before this Hon’ble Court U/s- 482 of Cr.P.C. for quashing of the cognizance related to M.V.79, P.S Case No. 98 of 2022 in which the informant namely Karishma Biswas undertakes to cooperate the same through her counsel being present before the Hon’ble Court for quashing of the same. 4. That, by virtue of the settlement both parties Page 3 of 6 undertakes not to proceed against to each other further and they will lead their happy conjugal life after solemnization of the marriage ceremony as per Hindu Rituals and Customs. 5. Both parties are agreed to abide the terms and conditions mentioned above without violation, any violation by either party will punished by law.” 7. It is alleged that despite the petitioner has agreed before the mediation centre that he will marry with the victim, he has wriggled out of his promise, as a result of which the petitioner has opposed the anticipatory bail application, which was eventually turned down by the this court and granted liberty to the petitioner to surrender before the court of the learned JMFC, Motu, Malkangiri and resort to the remedy available to him. Pursuant to the said order, the petitioner surrender before the court on 21.04.2025 and he has been remanded to judicial custody. 8. Mr. Ragada, learned counsel for the petitioner submits that the petitioner although throughout has been agreeing for marring the victim, however at the instance of the victim the father of the petitioner has been arrested in the present case being a co-accused. Therefore, a hostile situation has been created by the victim in the house of the petitioner, as a result of which the family members of the petitioner are not agreeable to the marriage. At the same time, he submits that the petitioner has voluntarily participated in the mediation process before the High Court Mediation Centre and has agreed to marry the victim and the mediatin was successful and the petitioner Page 4 of 6 is bound by the mediation report. He further submits that the petitioner will strictly comply the terms of the mediation report once things are settled. 9. Learned counsel appearing for the victim has submitted that he has no issue if the petitioner will comply with the mediation report. 10. Learned counsel for the State on the other hand submits that the dispute is basically arising out of akin matrimonial discord and since the parties have already settled the dispute through the mediation at the instance of the order of this Court, let them strictly comply the terms of the mediation report and settle in their life. 11. Regard being had to the submissions made by the parties before this Court and the fact that the petitioner is in custody since 21.04.2025, I am inclined to enlarge the accused-Petitioner on bail, subject to the condition that the petitioner shall comply the terms of the mediation report once things are settled. 12. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (1) The petitioner shall appear before the Court diligently without fail, on every date of hearing; (2) He shall not influence any of the witnesses Page 5 of 6 related to this case in any manner whatsoever; and (3) He shall not commit any offence while on bail. In the event, the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 13. The BLAPL is accordingly disposed of. Ashok Judge (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 14-May-2025 15:49:28 Page 6 of 6