The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.10849 OF 2024 Rakesh Kumar Sahoo State of Odisha …. Petitioner Represented By Sr. Adv. -Mr. Harish Ch. Sahoo. -versus- …. Opposite Party, Represented By Adv. -Mr. Pradipta Satapathy, ASC, 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 G.R. Case No. 723 of 2024 in connection with Pattamundai Model P.S. Case No.277 of 2024, pending in the Court of learned J.M.F.C., Pattamundai, is taken up for consideration. 4. The Petitioner has been charge-sheeted under Section- 126(2)/296/351(2)/351(3)/74/75 of the BNS, 2023 on the allegation of commission of rape on the victim/Informant repeatedly. 5. Heard from the learned Counsel for the Petitioner and the
Legal Reasoning
learned Additional Standing Counsel for the State and Mr. Sarbeswar Prusty, learned Counsel for the victim/informant. 6. It is the case of the prosecution that, there was love relationship between victim and Petitioner in the year 2020 and the Petitioner being a married person, he (Petitioner) loved the victim for the purpose of marriage suppressing his marriage and due to their such love relationship, the Petitioner and victim were indulged in sexual relationship continuously, but on 27.05.2022, Page 1 of 4 the marriage of the victim was solemnized with an another boy and on the 4th day of marriage of the victim, the Petitioner went to her in-laws house and created disturbances there, disclosing his previous physical relationship with the victim, for which, on the next day i.e. on 01.06.2022, the in-laws family members of the victim drove her (victim) out from her in-laws house and since 01.06.2022, the victim stayed in her parents house. While the victim was staying in her parents house, the Petitioner threatened her and her family members for non-lodging of F.I.R. against him, but, subsequently, on 24.04.2024, the victim lodged the F.I.R. against the Petitioner alleging the aforesaid allegations. 7. Basing upon such F.I.R., a case vide Pattamundai Model P.S. Case No.277 of 2024 was registered and investigation was started. During investigation, the Petitioner was arrested on 25.09.2024 and was forwarded to the Court after booking with the aforesaid offences and since then, he (Petitioner) is in custody. 8. The learned Counsel for the Petitioner submitted for liberal consideration of his bail contending that, as the victim being a major girl had loved the Petitioner, and had kept physical relationship with him (Petitioner) voluntarily and continuously and their such physical relationship cannot be termed as un-consensual and the victim has lodged the F.I.R. more than two years after coming from her in-laws house, and the Petitioner is in jail custody for about three months and during the staying of the Petitioner inside jail custody, the investigation of the case has already been completed due to submission of charge-sheet on dated 23.11.2024, Page 2 of 4 to which, learned Additional Standing Counsel for the State as well as learned Counsel for the Informant vehemently objected contending that, in case of release of the Petitioner on bail, at this stage, the life of the victim as well as her parents-family members can never be secured, because, there is every possibility of threat to their lives by the Petitioner, for which, the Petitioner should not be allowed to go on bail. 9. When the F.I.R. has been lodged by the victim more than two years after the alleged incident 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 due to completion of the investigation and when the presence of the Petitioner during trial is not unsecured, as his house is under the jurisdiction of Derabish Police Station in the District of Kendrapara, then, at this juncture, by taking the above factors into account, 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. 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) he (Petitioner) shall not involve with similar nature of crime in future. Page 3 of 4 (ii) he (Petitioner) shall remain present personally on each date of adjournment of the case before the trial Court till its conclusion. (iii) he (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution 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. (iv) he (Petitioner) shall appear before the IIC, Pattamundai Model Police Station on each Sunday once till the conclusion of the trial 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. 10. Accordingly, the bail application filed by the Petitioner is disposed of finally with a copy to the IIC, Pattamundai Model Police Station for his information and report before the Court in case of violation of any of the conditions by any of the Petitioner. 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. 11. Grant certified copy of this order to the Petitioner on proper application. Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Narayan Location: OHC Date: 19-Dec-2024 20:39:06 (A.C. Behera), Judge. Page 4 of 4