The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.851 of 2024 Jagdish Panigrahy @ Jagadish Panigrahy ..... Appellant(s) State of Odisha & Another -versus- ..... Represented By Mr.Jyotirmaya Sahoo,Advocate Respondent(s) Represented By Mr.G.Mohanty,S.C.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA Order No.
Decision
ORDER 27.11.2024 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. This is an appeal under Section 14-A of SC & ST (PA) Act, 1989, which has been preferred by the appellant against an order of rejection of his bail passed on dated 12.08.2024 by the learned 3rd Addl. Sessions Judge-cum-Special Judge, Berhampur in G.R. Case No.41 of 2024. 3. The appellant has been charge sheeted under Sections 417, 376(2)(n), 377, 313, 294, 323, 506 and 34 of the I.P.C., 1860 r/w Sections 3(1)(r)(s) and 3(2)(v)(va) of the S.C. and S.T. (P.o.A.) Act 1989, on dated 23.07.2024 on the allegations alleged against him that, he (appellant) belong to the General Caste community having his sub-Caste Brahmin, but, the victim (informant) belong to Schedule Caste community having her sub-caste as Bauri. The present age of the appellant is 28 years and the present age of Page 1 of 4 the victim (informant) is 32 years and they both are the resident of Berhampur town in the District of Ganjam. As per the case of prosecution, first, the relationship between the victim (informant) and the appellant was developed through Instagram and then, giving false promise of marriage to the victim, the appellant and victim stayed unitedly in rented houses at different places for one year and during that period, the appellant kept sexual relationship with the victim in different places such as in different hotels and lodgings at Berhampur and Puri as well as in their rented houses for several times and by the result of such sexual relationship, she (victim) was pregnant and the appellant terminated her pregnancy providing medicines to her (victim) and thereafter, he (appellant) separated from her (victim) and refused to marry her (victim). So, she (victim) told the above facts to the father of the appellant, but, the father of the appellant along with his family members abused her (victim) touching her caste as Scheduled Caste. For which, on dated 25.05.2024, she (victim) lodged F.I.R. before the I.I.C., Town P.S. Berhampur alleging aforesaid allegations against the appellant and his family members. Basing upon such F.I.R., the I.I.C., Town P.S. Berhampur registered Berhampur Town P.S. case No.174 of 2024 against the appellant and then, investigation was started by the police. During investigation the appellant was arrested on dated 26.05.2024 and was forwarded to the Court after being booked with the aforesaid offences and after completion of the investigation, the charge sheet has been submitted by the police against the appellant under Sections 417, 376(2)(n), 377, 313, 294, 323, 506 and 34 of the I.P.C., 1860 r/w Sections 3(1)(r)(s) and 3(2)(v)(va) of the S.C. and S.T. (P.o.A.) Act 1889 on dated 23.07.2024 and accordingly, the appellant is in Page 2 of 4 custody since 26.05.2024. 4. Heard from the learned counsel for the appellant and learned Standing Counsel for the State as well as from the victim personally. 5. Learned counsel for the appellant submitted for liberal consideration of his bail contending that, the investigation of the case has already been completed during the staying of the appellant inside the jail, to which, learned Standing Counsel as well as victim objected contending that, when the appellant has committed rape on her (victim) repeatedly on the false promise of marriage, but subsequently refused to marry her (victim), then he (appellant) should not be allowed to go on bail. 6. When the appellant and victim both being sufficiently adult aged about 28 years and 32 years respectively, they were staying unitedly in the rented houses for more than a year inside Berhampur town and were indulged in sexual relationship in different hotels and lodgings in Berhampur and Puri as well as in their rented houses continuously for more than a year and when the appellant is in custody for about 6 months since 26.05.2024 and when during the staying of the appellant inside the jail, the investigation of the case has already been completed and when the presence of the appellant before the Investigating Officer for the purpose of any further investigation may not be required due to completion of the investigation and when the main object of bail is to secure the attendance of the appellant during trial and when the presence of the appellant during trial is not unsecured, as he is the permanent resident of Berhampur town, then by taking the above factors into account, it is felt proper to allow the appellant to go on bail with stringent conditions looking to the future safety and security of the victim/informant, her family members, Page 3 of 4 witnesses and the interest of the prosecution. 7. 8. Hence, the appeal filed by the appellant is allowed. The impugned order dated 12.08.2024 passed by the learned 3rd Addl. Sessions Judge-cum-Special Judge, Berhampur is set aside. 9. He (appellant) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :- (i) he (appellant) shall not involve with similar nature of crime in future; (ii) he shall appear before the Trial Court personally on each date of adjournment of the case without fail till the conclusion of its trial; (iii) he shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and her family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case; but in case of his failure to comply any one of the aforesaid conditions, the learned Trial Court is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court. 10. Accordingly, the CRLA filed by the appellant is disposed of finally. 11. Grant certified copy of this order to the appellant on proper application. Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Utkalika Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Nov-2024 17:49:14 ( A.C. Behera ) Judge Page 4 of 4