The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9498 of 2024 Narendra Sahu & another …. Petitioners Mr. R.K. Pattnaik, Advocate -versus- State of Odisha …. Opp. Party
Legal Reasoning
Mr. U.R. Jena, AGA CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
Order No. ORDER 22.11.2024 01. 1. This is an application under Section-439 Cr.P.C. 2. Heard learned counsel for the parties. 3. The petitioners are accused along with one S.K. Rao in connection with the Raighar P.S. Case No.11 of 2024 corresponding to C.T. Case No.11 of 2024 for allege commission of the offences under Sections- 366/376(2)(l)(n)/506/34 of the IPC pending in the Court of the learned Additional District & Sessions Judge, Umerkote. The petitioner had moved an application before the learned trial Court for grant of bail. The learned trial Court vide order dated 03.09.2024 rejected his application. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail. 4. The prosecution case is that the on 09.01.2024 at about 6.00 P.M. Narendra Sahu called the victim to come out from her house, but the victim did not respond. On the same night at about 10.00 P.M. three accused persons went to the house of the victim. Narendra Sahu brought the victim from her house and thereafter all the accused persons forcibly taken the victim in a motorcycle. Then they left the victim at the house of Santosh Kumar Rao. Thereafter, Santosh Kumar Rao allegedly ravished the victim thrice. Hence, the FIR. 5. Learned counsel for the petitioners submits that the plea of bail of the petitioner is not pending before any other Court except the present one. 6. After investigation, charge sheet has been submitted on 08.03.2024. The police report inter alia stated as under: “.During course of investigation it came to light that the accused Naren Sahu is familiar with the victim girl since as the elder sister of the victim girl is married at Hatabharandi. In the meantime accused Santosh Kumar Rao approached to Naren Sahu to look a girl for marry and Naren Sahu gave a proposal to Santosh that he has looked a girl at Ingra village. Then they contacted to the mobile number of victim girl i.e 9827888409 and gave a proposal for marry to Santosh Kumar Rao and on 9.1.2024 the above noted accused persons proceeded to village Malipara (Ingra) with a motor cycle of Dhanuram Gond i.e Hero Honda HF Deluxe bearing registration number CG-05-G-7424 and reached at village at about 5.00 P.M, Then Naren Sahu and Santosh Kumar Rao contacted to the victim girl repeatedly wit' over mobile phone, but the victim did not came then Naren Sahu went to the house of victim and called her to come with him. During this time the victim girl and her father were present at house and the mother was at her sister in laws house at Hatabharandi. The accused Naren Sahu threaten the victim come with him otherwise face a consequence, then the victim came from the house and the accused persons took away the victim with a motor cycle and came to the house of the elder mother of Santosh Kumar Rao namely Keiabai Kasaria at village Laipara. Where the accused persons Naren Sahu and Dhanuram and dropped the Santosh Kumar Rao and the victim girl Ritu Sahu in the house of Keiabai Kasaria and accused Naren Sahu and Dhanuram and went their houses, during the night accused Santosh Kumar Rao made forcibly physical relation with the victim girl without her consent threatened with dire consequence Out of fear in the early morning the victim girl left the house and wont to her brother in law house at Hatabharandi and narrated the fact. During further investigation of the case send the victim girl for her to DHH. medical examination with Nabarangpuri seized the biological materials and wearing apparels of the victim girl. Apprehended the above noted accused persons 1. Santosh Kumar Rao Tuna (32) S/o-K.Kanta Rao AtiP.s-Kundoi, Dist- Nabarangpur 2. Naren Narendra Sahu (36) S/o- LI,Lakhmu Sahu At-Hatabharandi P.5-Kundei Dist- Nabarangpur and 3. Dhanuram and @ Munna, (45) S/o-Flirasingh Gond. At-Khileli, Rs-Kundei, Disl- Nabarangpur today Lo 12.1.2024 and arrested as the prima facie evidence well made out against the accused person Santosh Kumar Rao@ Tuna (32) S/o- K.Kanta Rao At/P.s-Kundei, U/s 366/376(2)(l)(n)/506/34 IPC and another accused persons Naran @ Narendra Sahu (36) S/0- Lt,Lakhmu S Dist-Naharangpur and Dhanuram and @ Munna(45) Sto-Hirasingh Gond, At-Khiloli, P.s-Kundeli Dist- Nabarangpur Uis,3561506/34 IPC after explain them the ground of arrest as well as intimate their relatives, Seized the motor cycle which has been used for the commission of offence, seized mobile phone of the accused persons Naren Sahu and Santosh Kumar Rao. Send the accused persons to medical for their medical examination with requisition, Seized the biological materials and ,1 wearing apparels of the accused Sanlosh Kumar Rao from the escort constable, Send the exhibits to Berhampur for C.E.” requisition 7. Perusal of the charge sheet reveals that the present petitioners are instrumentally in forcibly taking the victim girl from her house and left her with the principal accused Santosh Kumar Rao. It further reveals that Santosh Kumar Rao ravished the victim. Learned Counsel for the petitioner contended that the charge under Section 376 of the IPC may not attract on the face of the overt act attributed to the present petitioner in the charge sheet. The petitioner is in custody from 12.01.2024. 8. Taking into consideration the period of custody from 12.01.2024 and the nature of accusation, I am inclined to admit the petitioner to bail. Hence, the petitioner 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 further conditions as following: (i) The petitioners shall not tamper with the evidence in any manner whatsoever, (iii) They shall not contact with the victim or her family members, (iv) They shall not involve in any similar type of offence. (v) They shall appear before the concerned Police Station on last Sunday of each month for a period of six months. Non-cooperation in the trial and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioners. The prosecution is given liberty to move an application for cancellation of bail before the Court below, if the petitioners violate any conditions of the bail granted to him. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge amit Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 27-Nov-2024 09:52:47