The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11141 of 2024 Tikalal Duria @ Tikelal Duria …. Petitioner Mr. U.K. Barik, Advocate -versus- State of Odisha …. Opp. Party
Legal Reasoning
Mr. S.J. Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
Order No. ORDER 04.12.2024 01. 1. This is an application under Section-439 Cr.P.C. 2. Heard learned counsel for the parties. 3. The petitioner is an accused in connection with Raighar P.S. Case No.93 of 2024 corresponding to C.T. Case No.21 of 2024 for the offences under Sections- 370(3)/376(D)/294/323/354/34 of the IPC pending in the Court of the learned Additional District & Sessions Judge, Umerkote. The petitioner had moved an application before learned trial Court for grant of bail. The learned trial Court vide order dated 07.10.2024 rejected his application. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail. Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one. 4. The prosecution case is that the informant lodged a written report before the Raighar Police Station on 14.03.2024 alleging that his sister-in-law and his nephew were taken by one Ghasuram Harujan of village Harijan by alluring them that they will get Rs.35000 for four months at Trupti Bricks Factory if they work there. On 09.01.2024, some persons of his village and other villages also were taken by Ghasiram and his associate to the said Trupti Bricks Factory. After they handed over there, the culprit returned back to home. He came to know that, the said persons have been suffering a lot and they did not get the wages properly. They were also tortured there. Hence, the F.I.R. 5. After investigation, charge sheet has been filed on 15.05.2024 and in the charge sheet, the following evidence has come on record: “During course of investigation the spot was visited, the Complt and witnesses were examined, and recorded their statement LES-161 Crpc, I along with a team proceed to Tirupati (AP) for rescue of victims with assistant of local police. I rescued all 14 victims including their children from the clutches of accused Vepanjeri Dillep Kumar of that locality. On examination of the victim they stated regarding abuse, assaulted and criminal intimidation by the accused and his associates. On examination of one victim namely Manjula Katwal Bagh (25) 0/o of the complt disclosed that, during her stay she was sexual assaulted by the accused Vepanjeri Dileep Kumar (26) Sio-V_Bhaskar Chetty, 22-14, Sail Nagar Penumuru PS-Vedurukupparn Dist-Chittoor (AP) and his younger brother Bansilal. Bring them to Raighar PS, Sent the victims 1, Premananad Bagh Sio-Lt.Bansidhar Bagh, 2. Krushna Chandra Bagh Slo-Premananada Bagh 3, Chandrika Bagh W/o-Premananad Bagh all are of village Junaii 4, Bhuban Lahra S./o-Asharam Lahra, 5, Lakinath and Sio-Sadhuram Gond. 6, Copal and S/o-Lt. Dhaniram Gond, 7. Phula and W/o-Lakinath Gond, 8. Shanti Rout W/o- Arjun Rout, 9. Payal Rout DIG-Ai-jun Rout, 10, Madhuri Rout Dio-Arjun Rout, 11, Arjun Rout S/o-Lt.Hari Rout all are of village Bhatipara, 12, Pandru Rout Slo-Arjun Rout of village Binaypur all are of P,S-raighar, Dist-Nabarangpur and 13. Janmajaya Yadav Sio-Lt_Angat Yadav of village Khutugaon, P.s-Deobhag, Dist-Kariabandh (C,G) to PHC, Raighar with requisition for their health condition or any mark of violence on their person. Sent the victim girl Manjula Katwal Bagh (25) Dio-Raibabu Bagh for her medical examination with requisition (t) escort party to CHC'Hatabharancli. seized wearing apparels and biological fluid of victim Manjula Katwal Bagh, 164 Cr.P,C statement of the victim Nisha Podar and witness Namita Haldar has been recorded, On investigation it came to light that, the complt Raibabu Bagh is present resident of village Junani PS-Raighar Dist-Nabarangpur. He father of victim Manjula Katwal c Bagh and relative of other victims. Ghasiram Harijan at village Junani and Tikelal Duria of 1v1ulabasa village lured the victims to work inside the vegetable garden and will get handsome wages. In the month of December-2023 Ghasiram Harijan took 1. Arjun Rout Sio- Late Hari Rout 2, Shanti Rout wfo-Arjun Rout 3. Lakhinath Gond Sio-Saclhurarri Gond 4. Copal and Sib-Late Dhaniram and 5. Phula Gond W/o-Lakhinath and 6, Chandrika Bagh undo-Premananda Bagh 7, Krushna Chandra Bagh Sio- Premananda Bagh along with children of Arjun Rout namely 8. Payal rout Dio-Arjun Rout 9, Madhuri Rout Sfo-Arjun Rout to Mulabasa under sinapali PS in a bolero and the accused Tikelal Duria went in a motor cycle to hilulabasa. Then they took them to Kantabanji by the above noted accused, Tikalal and brother-in-law of Tikalal. Then they took the victims from Kantabanji to Bijayabada by train by brother-in-law of Tikelal Duria. Then they have been trafficked from Vijaywada to Turupati and then to the break kiln by above noted accused person. After two-week Ghasiram Harijan labourer namely lured IVIanjula Katwal Bagh, Premananda Bagh and Bhuban Lahara to work in vegetable garden and will get handsome wages. Then Ghasiram Garijan dropped them in a bolero vehicle at Raighar, where accused Tikelal Duria boarded them in a bus bound to Visakhapatnam. Then Ramesh Bagh, the brother-in-law of Tikalal took them to Andra. The victims were engaged and picked up the vegetable for two days. Then the others is above noted accused asked them to make bricks, but on their negation, the owner asked them to learn the technique, In case of any defect, they were getting warning with a lathe to beat them_ He was asking them to make 3000 bricks in a say and 1500 at night. In the month of January, Janmayaya Yadav and Pandru Rout were also tempted by the Ghasiram Harijan and Tikelal and brought to Mulabasa in the house of Tikelal. After six days Ramesh Bagh the brother-in-law of Tikelal dropped them at the breaks kiln of Dillip Kumar. The accused persons did no provide food properly as well as wages and threatened with dire consequence and for this the labourer work more than eight hours. On 13.03.2024 Wednesday the accused V. Dillip Kumar sent all labours to market. There after another accused V Dillip Kumar came to the victim fvlanjula Katwal a Bagh and called thrice. The victim went there angrily to know the face. He asked her to came after cleaning legs and hands, whilE she was corniPig after cleaning her limbs at that time a woman caught her hand from back side. The above noted accused Diflip came forward and undressed and captured video, He tried to make ugly works with the victim. Manjula kicked him and the women and ran away to her room. After some time the accused again came to her and threatened to make viral the video in case she disclosed the fact. Out of fear she did not conceal the matter to anyone. Due to such experience, she felt feverish. The accused Bansilaf the brother of accused Dillip called her to proceed medical on 15,03.2024 at 10.00 AM. She along with Bansilal proceeded to medical, but instead of medical he took her to his village. Where the Di'lip Kumar was there in a room before her arrival. He asked her to sit down and pushed her and forcibly committed rape on her. After his departure his younger brother Bansilal also raped her. After the above accused persons threatened her not to disclosed the fact to any and threatened to make viral the video. They again dropped the victim in her room and again came in the evening and asked who disclosed the fact to the reporter. The accused also abused her and slapped on her check” It is also stated that so far as the present petitioner is concerned, investigation to find out his complicity has been kept open under Section 173(8) of Cr.P.C. The petitioner is in custody from 19.03.2024. Although the allegations against the co-accused persons are serious in nature, however, insofar as the present petitioner is concerned, nothing substantial has come on record as yet. 5. I have also perused the statement of the victim recorded under Section 164 of Cr.P.C. In the statement nothing is attributed to the present petitioner, rather involvement of other accused persons is apparent from the statement of the victim. I have also perused the statement of the witnesses, namely, Chandrika Bagh, Krushna Chandra Bag, Manjula Katwal, Lakhinath Gond, Bhuban Lohan, etc. recorded under Section 161 of Cr.P.C. In those statements, nothing substantial is coming to the fore insofar as the complicity of the present accused is concerned. Hence, the case of the petitioner is completely distinguishable from the case of the other accused persons. 6. Regard being had to the period of custody of the petitioner from 19.03.2023 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 petitioner shall cooperate with the investigation, (ii) He shall not tamper with the evidence in any manner whatsoever, (iii) He shall not contact with the victim or her family members, (iv) He shall not involve in any similar type of offence, and (v) He shall co-operate with the investigation Violation of any conditions of bail shall entail consideration for cancellation of the bail granted to the petitioner. The prosecution is given liberty to move an application for cancellation of bail before the Court below, if the petitioner violates any conditions of the bail granted to him. 7. 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: 07-Dec-2024 10:59:36