The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.10774 OF 2024 Jitendra Kumar Biswal …. Petitioner Represented By Sr. Adv. -Mr. Kashinath Pattanaik. -versus- State of Odisha …. Opposite Party, Represented By Adv. -Mr. Pradipta Satapathy, ASC, -Ms. Jemima Sarkar, Adv. (Informant) CORAM: HON’BLE MR. JUSTICE A.C. BEHERA ORDER 19.12.2024 Order No. 04. 1. This matter is taken up through hybrid arrangement (Virtual/ Physical) mode. 2. This bail application Under Section 483 of the BNS, 2023 has arisen out of C.T. Case No. 2509 of 2024 in connection with Mangalpur P.S. Case No.317 of 2024, pending in the Court of learned S.D.J.M., Jajpur, is taken up for consideration. 4.
Legal Reasoning
Heard from the learned Counsel for the Petitioner and the learned Additional Standing Counsel for the State as well as learned Counsel for the Informant. 5. The Petitioner has been charge-sheeted under Section- 64(2)(m)/115(2)/89 of the BNS, 2023 on the allegation of commission of rape on the victim/Informant repeatedly and also for voluntarily causing hurt . 6. It is the case of the prosecution that, the Petitioner is a Police Constable and the victim/Informant is a Nurse. The Petitioner is aged about 42 years, the victim/Informant is aged about 33 years and both are married. The Petitioner has his wife and children and victim has her husband. Page 1 of 4 The victim is staying away from her husband due to some family dispute with her husband. The service place of the Petitioner and the service place of the victim is at one place under Mangalpur Police Station in the District of Jajpur. Taking the advantage of dispute between victim and her husband, the Petitioner became nearer to the victim and kept physical relationship with her creating a belief in her mind that, he (Petitioner) shall take her all cares and as such, the physical relationship between the Petitioner and victim continued for one year. Subsequently, when the Petitioner did not take any care of the victim, then, dissension was started between them and due to such dissension, the Petitioner assaulted victim, for which, victim lodged F.I.R. against the Petitioner. 7. On the basis of such F.I.R., case was registered, and investigation was started. During investigation, the Petitioner was arrested on 23.09.2024 and was forwarded to the Court after being booked with the aforesaid offences and since then, he (Petitioner) is in custody. 8. Heard learned Counsel for the Petitioner, learned Additional Standing Counsel for the State and the learned Counsel for the victim/Informant. 9. The learned Counsel for the Petitioner submitted for liberal consideration of his bail contending that, when the Petitioner and victim both being married persons knowing very well that, they both are mentioned, they were indulged in sexual relationship, then, their sexual relationship cannot be termed as an un-consensual and in the meantime, the investigation of the case has already been completed, to which, the learned Page 2 of 4 Additional Standing Counsel as well as Ms. Jemima Sarkar, learned Counsel for the Informant vehemently objected contending that, in case of release of the Petitioner on bail at this stage, there is also every possibility of threat to the life of the victim/Informant, and there is every possibility of interfering with the evidence of the prosecution by the Petitioner, for which, he (Petitioner) should not be allowed to go on bail. 10. When it is the case of the prosecution that, the victim/informant is a Nurse and the Petitioner is a Constable and when they both are married having their respective husband and wife and when knowing fully well that, they both are married, they were indulged in physical relationship continuously for a year, and when in the meantime, 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 due to submission of charge- sheet and when the Petitioner is a Government servant, that too he is serving in Police Department, for which, his presence during trial is not unsecured and when the main object of bail is to secure the attendance of the accused during trial, then at this juncture, by taking the above factors into account, 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 victim/Informant, her family members, witnesses as well as the interest of the prosecution. Therefore, the bail application filed by the Petitioner is allowed. Page 3 of 4 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 learned Court in seisin over the matter with conditions that:- (i) (ii) he (Petitioner) shall not involve with similar nature of crime in future. he (Petitioner) shall remain present personally on each date of adjournment of the case before the trial Court till its conclusion. threat any witnesses of (iii) he (Petitioner) shall not terrorize, coerce, influence the prosecution or including the victim/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 of the aforesaid conditions, the learned Court in seisin over the matter is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court. 11. Accordingly, the bail application of the Petitioner is disposed of finally. It is made clear here that, the observations made in this bail order can never be used by the Trial Court during trial either in favour of the prosecution or in favour of the defence, as the observations made in this bail order are only for the purpose of bail. 12. Grant certified copy of this order to the Petitioner on proper application. Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Narayan Date: 19-Dec-2024 20:39:06 (A.C. Behera), Judge. Page 4 of 4