The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.918 of 2024 Sukanta Kumar Sahoo ..... Appellant(s) State Of Odisha -versus- ..... Represented By Adv. - Harekrushna Malik Respondent(s) Represented By Adv. – Ajit Kumar Mohanty, Sudhir Ranjan Mohapatra T.K. Acharya, ASC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 29.11.2024 Order No. 04. This matter is taken up through hybrid mode. 2. This is an appeal under Section 14-A of SC & ST (PoA) Act, 1989, which has been preferred by the appellant against an order of rejection of his bail passed on dated 26.07.2024 by the learned Addl. District & Sessions Judge-cum-Special Judge, Balliguda in C.T. Case No.131 of 2024 in connection with Tumudibandh P.S. Case No.86 of 2024. 3. The appellant has been charge sheeted under Sections under Sections 376(2)(n) & 506 of the I.P.C., 1860 read with Sections 3(2)(v), 3(2)(va) & 3(1)(r) of the S.C. and S.T. (P.o.A.) Act, 1989 on the allegations alleged against him that, the appellant belongs to General Caste community, whereas, the victim/informant belongs to Scheduled Tribe community having her sub-Caste Gond. The victim/informant is serving Page 1 of 6. as staff nurse in the District Headquarters Hospital at Phulbani. There was love affair between the appellant and the victim/informant since May, 2015 and on false promise of marriage, the appellant kept sexual relationship with the informant/victim since May, 2015 and on the basis of such false promise of marriage, the appellant has taken huge amount of money from the informant/victim and the victim/informant has provided such money to the appellant on being allured by the false promise of marriage of the appellant on the belief that, the appellant will marry her (victim). But, subsequently, the appellant avoided to marry her (victim) and when the victim/informant requested the appellant for marriage, then the appellant avoided to marry stating that, she (victim) belongs to Scheduled Tribe Community. For which, she (victim) requested to the parents of the appellant in the month of March, 2024 for her marriage with the appellant, but the parents of the appellant abused her in obscene languages stating that, she (victim) belongs to Scheduled Tribe Community, still then, she (victim) waited thinking about the settlement of the matter between her and the appellant. Thereafter, when the appellant did not agree to marry her, then she (victim) lodged F.I.R. on dated 22.06.2024 at Tumudibandh Police Station alleging the aforesaid allegations against the appellant. Basing upon such F.I.R., the I.I.C., Tumudibandh P.S. registered Tumudibandh P.S. Case No.86 of 2024 against the appellant and then, investigation was started. Page 2 of 6. During investigation, the appellant was arrested on dated 13.07.2024 and was forwarded to the Court after being booked under Sections 376(2)(n) & 506 of the I.P.C., 1860 read with Sections 3(2)(v), 3(2)(va) & 3(1)(r) of the S.C. and S.T. (P.o.A.) Act 1989 and since then, the appellant is in custody. 4. Heard from the learned counsel for the appellant, learned Addl. Standing Counsel for the State and learned counsel for the victim/informant as well as the victim personally through VC. 5.
Legal Reasoning
During course of hearing of the CRLA, learned counsel for the appellant submitted for liberal consideration of his bail contending that, the appellant and the victim both being adult, were indulged in sexual relationship since May, 2015 up to October, 2023 for about more than 7 years without disclosing about their such relationship before anybody and the appellant is in custody since 13.07.2024 for about more than 4 months and the investigation of the case has already been completed due to submission of charge-sheet on dated 19.08.2024, to which, learned Addl. Standing Counsel and the learned counsel for the victim as well as victim vehemently objected contending that, in case of release of the appellant on bail, there will be threat to the life of the victim/informant, as the appellant is wanting to wipe out the victim/informant from his way for all times to come and the appellant belongs to General Caste Community, but the victim/informant belongs to Scheduled Tribe Community and the appellant has taken huge amount of money from the victim on the false promise of Page 3 of 6. marriage, for which, he (appellant) should not be allowed to go on bail. 6. When the present age of the appellant and victim/informant are 31 years and 30 years respectively and when the victim is an educated girl and serving as a staff nurse in the District Headquarters Hospital, Phulbani and when the victim and the appellant were indulged in sexual relationship for about more than 7 years secretly without bringing their such relationship to the knowledge of others and when during the staying of the appellant inside the jail, the investigation of the case has already been completed, for which, the presence of the appellant before the Investigating Officer for the purpose of any further investigation may not be required and when the house of the appellant is under the jurisdiction of Tumudibandh police station of Phulbani District and when the main object of bail is to secure the attendance of an accused during trial and when the attendance/presence of the appellant during trial of the case is not unsecured, as he is a local man, then by taking the above factors into account, it is felt proper to allow the appellant to go on bail setting aside the order of rejection of his bail passed on dated 26.07.2024 by the learned Addl. District & Sessions Judge-cum-Special Judge, Balliguda, District-Kandhamal. 7. 8. Hence, the appeal filed by the appellant is allowed. The impugned order dated 26.07.2024 passed by the learned Addl. District & Sessions Judge-cum-Special Judge, Balliguda, District-Kandhamal is set aside. Page 4 of 6. 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 appear before I.I.C., Tumudibandh P.S. in the 2nd and last Sunday of each month hence during day time once till conclusion of the trial of the case and shall report before the I.I.C., Tumudibandh P.S. that, he has not given any threat to the informant, her family members and witnesses of the prosecution; (ii) he shall not involve with similar nature of crime in future; (iii) he shall appear before the Trial Court personally on each date of adjournment of the case without fail till the conclusion of its trial; (iv) 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 Court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court. Page 5 of 6. 10. Accordingly, the CRLA filed by the appellant is
Decision
disposed of finally with a copy to the IIC, Tumudibandh P.S., Phulbani for his information and report before the Court in seisin over the matter, in case of violation of any of the conditions by the appellant for taking necessary action as per law. 11. Grant certified copy of this order to the appellant on proper application. Utkalika (ANANDA CHANDRA BEHERA) Judge Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Nov-2024 10:32:17 Page 6 of 6.