The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5417 of 2025 Manoranjan Jena ..…... Petitioner Mr. Rashmi Ranjan Sinha, Advocate -Versus- State of Odisha ………. Opposite Party Mrs. S. Mohanty, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 30.05.2025 Order No. 01. F.I.R No. 51 Dated Police Station Case No. and Courts’ Name Sections 17.02.2024 Abhayachand pur C.T. Case No.44 of 2023 arising out of G.R. Case No. 301 of 2024 pending in the Court of the Learned Addl. District & Judge, Sessions Kujang U/s. 376(2)(n)/4 17/506 IPC of 1. 2. This matter is taken up through hybrid arrangement. The Petitioner, who is in custody in connection with Abhayachandpur P.S. Case No. 51 of 2025 corresponding to C.T. Page 1 of 6 Case No. 44 of 2025 arising out of G.R. Case No. 301 of 2024 pending in the Court of the learned Addl. District & Sessions Judge, Kujang for the alleged commission of offences under Section 376(2)2(n)/417/506 of IPC has filed this petition seeking release on bail. 3. The brief fact of the case is that on 17.02.2024 the informant lodged written report before the Inspector-in-Charge of Abhayachandpur Police Station alleging therein that she is a poor woman, the informant and the present petitioner are known to each other. It is alleged that in the year 2019, some unknown accused murdered her daughter and snatched her Govt. Land wherein she has been staying. Further, it is alleged that the petitioner came to the house of the informant for helping her in Civil and Criminal Cases in connection with Electric and Indira Awas. Thereafter, both of them developed relationship. It is also alleged that the petitioner had taken some money from the informant and kept physical relationship with the informant with the pretext to marry her. It is also alleged that, the petitioner has abducted the minor daughter of the informant and recorded some video of the informant and blackmailing her. Upon such Page 2 of 6
Legal Reasoning
allegations, the FIR has been registered against the petitioner. Hence, this case. 4. Learned counsel for the petitioner submits that the informant used to lodge the complaint against so many person for financial benefit from the legal aid. The informant threatened the petitioner to give Rs. 5 lakhs by blackmailing him. He further submits that the petitioner being the local inhabitant in the district of Jajpur having his movable and immovable property, there is least chance of absconding the trial. He further submits that the petitioner is languishing in custody since 08.03.2025. Hence, he, submits that, the prayer of the present petitioner may be allowed. 5.
Legal Reasoning
Learned counsel for the State vehemently opposes the bail prayer of the Petitioner in view of the nature of offences alleged against him which are heinous in nature. 6. This Court is aware that not every failed relationship gives rise to a criminal offence. However, the allegations in the present case point toward a situation where the consent was not freely given, but was secured under a misrepresentation that went to the very root of the complainant’s decision-making. At this stage, the conduct attributed to the petitioner does not reflect a mere change Page 3 of 6 of heart or mutual misunderstanding but prima facie indicates deliberate deceit. 7. In the case of Manoj Kumar Munda v. State of Odisha and Anr.1, this Court had the occasion to consider the issue of consent to sexual relations obtained under a false promise of marriage. While the Court ultimately did not accept the complainant’s contention in that case, it nonetheless underscored important observations regarding the nature of consent in such circumstances: “41. Yet, the realities of society cannot be ignored, nor can the law afford to be blind to the conditions in which it operates. In the vast expanse of this nation, there exist women reared in conservatism, sheltered from the world, their choices shaped not by unfettered will but by the narrow confines of tradition. For them, consent may not always be an act of true volition, but rather a submission to circumstance, to pressure, to the unspoken weight of expectation. 42. Thus, this reasoning must not be wielded as a sword where it was meant to be a shield. It must not become a tool of exploitation, allowing men to feign love, deceive the trusting, and abandon them to dishonor. The law must tread with vigilance and make sure that principle does not become pretext for abuse.” 1 CRLMC No.4485 of 2024. Page 4 of 6 8. Similarly, the Supreme Court in the case of Shambhu Kharwar v. State of Uttar Pradesh and Anr.2 dealt with the nature of consent in such cases and held as follows: “16. Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to convince her to engage in sexual relations, there is a “misconception of fact” that vitiates the woman’s “consent”. On the other hand, a breach of promise cannot be said to be a false promise. To establish a false promise, the maker of the promise should have had no intention of upholding his word at the time of giving it. The “consent” of a woman under Section 375 is vitiated on the ground of a “misconception of fact” where such misconception was the basis of her choosing to engage in the said act..” 9. The impact of such an allegation is not merely legal. It carries emotional and psychological consequences for the survivor. Granting bail prematurely, especially when the investigation is still unfolding or when there is risk of pressure being exerted, may undermine the process of justice. The nature and gravity of the allegation, coupled with the potential for witness influence, weigh against the petitioner. 2 (2021) 18 SCC 517. Page 5 of 6 10. In view of the overall facts and circumstances, this Court is not inclined to enlarge the petitioner on bail at this stage. 11. 12. Rules. Accordingly, the BLAPL is dismissed. Issue urgent certified copy of the order pas per Vacation Judge (Dr. S.K. Panigrahi) Deepak/Puspanjali Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 31-May-2025 13:34:57 Page 6 of 6