The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10445 of 2024 & I.A. No.1499 of 2024 Satyajit Samal @ Satyajit Managobinda Samal ..... Petitioner State of Odisha and another -versus- ..... Represented By Mr. Mr. B.B. Routray, Advocate Opposite Party Represented By Mr. T.K. Acharya, A.S.C.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA Order No.
Decision
ORDER 29.11.2024 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. When I.A. is dismissed as not pressed, then, the bail application is taken up for consideration. 3. This bail application under Section 483 of BNS, 2023 has arisen out of C.T. Case No.390 of 2024 in connection with Capital P.S. Case No.95 of 2024. 4. I have already heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State. 5. The petitioner has been charge-sheeted under Sections 376(2)(n) and 420 of the I.P.C., 1860 on the allegation of commission of rape on the victim/informant repeatedly giving false promise of marriage and cheating her taking away huge amount of money from her(victim). Page 1 of 5 6. The victim/informant is a widow lady aged about 35 years having her a son aged about 11 years and is serving as a Junior Security Assistant in the office of Central Intelligence at Bhubaneswar. 7. As per the case of the prosecution, she(informant) and the petitioner became closer to each other through Jeevan Sathi Matrimonial site and on the pretext of marriage, the petitioner kept physical relationship with the victim in regular intervals giving false promise of marriage and insisted her to incur loan in her name in order to purchase a car and also for luxurious lives. For which, on good faith, the informant incurred loans in her name in total thirty-six lakhs from different Banks and provided the same to the petitioner. Like the victim, the petitioner has also brought money from other ladies and girls cheating them all. Out of the said money, the petitioner purchased a Baleno Car bearing Registration No.OD-02-CF-3176, one Royal Enfield bearing Registration number OD-02-CV-4768, one Nissan Magnet Car bearing Registration number OD-02-CM-1750 and one Aura Car bearing Registration number OD-02-CM-1660 and led his life lavishly. When, the victim came to know about the aforesaid illegal activities of the petitioner, she(informant) lodged F.I.R. on dated 26.02.2024 against the petitioner at Capital Police Station, Bhubaneswar alleging the above allegations. Basing upon such F.I.R., Capital P.S. Case No.95 of 2024 was registered. 8. During investigation, the petitioner was arrested on dated Page 2 of 5 02.08.2024 and was forwarded to the court after being booked with the aforesaid offences and since then, he (petitioner) is in custody. 9. Learned counsel for the petitioner submitted for liberal consideration of his bail contending that, during the staying of the petitioner inside the jail, the investigation of the case has already been completed due to submission of charge-sheet against him and the allegations alleged by the informant against him(petitioner) are not true, because, the informant is a major lady aged about 35 years and she(informant) is also serving as a Junior Security Assistant in the office of Central Intelligence at Bhubaneswar and the physical relationship between the victim and the petitioner might have been consensual, to which, learned Additional Standing Counsel for the State objected contending that, as the petitioner has cheated the innocent widow lady, i.e., victim by taking away huge amount of money from her after committing rape on her repeatedly giving her false promise of marriage, for which, he (petitioner) should not be allowed to go on bail. 10. When the petitioner is in jail custody since 02.08.2024 and when during the staying of the petitioner inside the jail, the investigation of the case has already been completed and when the presence of the petitioner before the Investigating Officer for the purpose of any further investigation may not be required, as it is forthcoming from the charge-sheet that, the petitioner was taken by the Investigating Officer on remand for five days after his production in the court and when, it appears from the charge- Page 3 of 5 sheet, the vehicles, those were under the possession of the petitioner have already been seized and when the informant is serving as a Junior Security Assistant in the office of Central Intelligence at Bhubaneswar and when the continuous physical relationship between the victim and the petitioner was kept secret by the victim for long time and when the presence of the petitioner during trial is not unsecured, as his house is under the jurisdiction of Chandrasekharpur Police Station, then at this juncture, by taking the above factors into account, I find no justification to disallow the prayer for bail of the petitioner. 11. Therefore, the bail application filed by the petitioner is allowed. For which, instead of rejecting the bail application of the petitioner, it is felt proper to allow him(petitioner) to go on bail with stringent conditions looking to the future safety and security of the witnesses, victim, her son and the interest of the prosecution. 12. He (petitioner) 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 satisfaction of the court in seisin over the matter with conditions that :- (i) He (petitioner) shall not involve with similar nature of crime in future. (ii) He shall appear before the court personally on each date of adjournment of the case without fail till conclusion of its trial. (iii) He (petitioner) shall not terrorize, coerce, influence or threat to the informant/victim, her family members and witnesses either directly or indirectly in Page 4 of 5 any manner whatsoever till the conclusion of the trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court. 13. Accordingly, the bail application of the petitioner is disposed of finally. 14. Grant certified copy of this order to the petitioner on proper application. Jagabandhu ( A.C. Behera ) Judge Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CUTTACK Date: 30-Nov-2024 06:05:55 Page 5 of 5