ORISSA AT CUTTACK BLAPL No. 11889 of 2024 · Orissa High Court

Mr.S.J.Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA ORDER

15.01.2025

The petitioner is an accused in connection with Bhatli P.S. P.S. Case No.305 of 2023 corresponding to C.T. Case No.26 of 2024 for the alleged commission of the offences punishable under Sections 376(2)(n) of the IPC r/w Sections 66(E)/67(A) of the I.T. Act, pending in the Court of the learned Assistant Sessions Judge (Women’s Court), Bargarh. The petitioner had approached the learned Assistant Sessions Judge (Women’s Court), Bargarh in C.T. No.26 of 2024 praying for grant of bail. The learned Court below vide its order dated 09.10.2024 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

The prosecution case is that, the complainant lodged a written report at Bhatli P.S. alleging therein that, before one year, when she had been to the village Naradmuni, she met with the present petitioner. The petitioner took her photographs and threatened her to keep physical relation with him. Out of fear, the complainant kept physical relation with the petitioner against her will. He took her naked photographs in his mobile phone. Later, complainant married to one Himansu Bhoi of Panimora, but the petitioner sent the naked photographs to the mobile of the complainant. Hence, the F.I.R.

In the present case, the prosecutrix has been examined by the prosecution as P.W.

In her examination-in-chief she has stated as under: “1. I am the informant of this case and I have lodged the F.I.R. against the accused standing in the dock. The occurrence took place about ten months back. I had been to attend one marriage feast in village- Narangpur where I met with the accused. We then developed friendship and we also clicked some photographs. The accused then kept physical relationship with me with a promise to marry but later on he denied on the pretext of different caste. I then got married to Himanshu Bhoi of village- Panmura but then the accused sent our photographs to the mobile phone of my husband for which there was dispute between us and my husband left me in my parental house. to D.H.H., Bargarh. This

2. Thereafter, I lodged the F.I.R. against the accused. This is the F.I.R. which is now marked as Exhibit. P- 1 and this is my signature thereon which is now marked as Exhibit. P-1. I was also sent for medical examination signature on the medical report which is now marked as Exhibit. P-2. Thereafter, I was sent to Court where my statement was recorded by the Judicial Magistrate. This is the said statement which is now marked as Exhibit. P-3 and these are my signatures thereon which are now marked as Exhibit. P-3 and Exhibit. P-3. The police also seized my wearing apparels such as salwar, leggings and chadhi on my production. This is my signature on the seizure list which is now marked as Exhibit. P-4. I was examined by the police in this case.”

5. By relying upon the testimony of the prosecutrix, learned counsel for the petitioner submits that the prosecutrix was admittedly in relationship with the present petitioner. On the promise of marriage, the petitioner appears to have kept physical relationship with her. During the intimacy, he had taken some photographs. The prosecutrix has already married with one Himansu Bhoi and she has stated that, she is happy in her marriage. In that view of the matter, she submits that, the petitioner is entitled to be released on bail. The petitioner has been in custody since 28.12.2023.

There are 21 charge-sheeted witnesses cited by the prosecution in the present case. The trial will take a considerable time and the petitioner has been in custody since more than a year.

Regard being had to the nature of allegation, the fact that the trial will take a considerable time and the petitioner has been in custody since more than a year, I am inclined to enlarge accused-Petitioner on bail.

Hence, the Petitioner is directed to 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 the following additional conditions: (1) The petitioner shall appear before the Court diligently without fail, on every date of hearing; (2) He shall not influence any of the witnesses related to this case in any manner whatsoever; and (3) He shall not commit any offence while on bail. In the event, the petitioner is found to be wanted for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

The BLAPL is accordingly disposed of. Judge Subhasis (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 16-Jan-2025 11:13:05