Jashobanta Jasobanta State of Odisha Mahanta @ … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 12570 of 2023 Jashobanta Jasobanta State of Odisha Mahanta @ ….. Petitioner Vs. …..
Legal Reasoning
Mr. Arijeet Mishra, Adv. Opp. Party Mr. A.P. Das, A.S.C. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 09.11.2023 (Through hybrid mode) Order No. 01. 1. Heard Mr. Arijeet Mishra, learned counsel for the petitioner and Mr. A.P. Das, learned Addl. Standing Counsel for the State. 2. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Champua P.S. Case No.129 of 2023 corresponding to Special Case No. 59 of 2023 pending in the Court of the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Keonjhar under Sections 323, 354- D, 506, 507, 376, 363 of IPC read with Section 6 of the POCSO Act and Section 67-B of the I.T. Act. 3. The petitioner had moved an application for bail before the Court of learned Addl. District and Sessions Judge -cum- Special Court (POCSO), Keonjhar which was rejected on 31.10.2023. 4. The prosecution allegation in brief is that the victim was studying in Remuli College and was staying in the mess. She became friends with the petitioner through Instagram. After the petitioner obtained her number from other inmates of the mess they talked to each other over phone as friends. After she met him in Page 1 of 4 Keonjhar when she had gone to appear in examination, he started making indecent propositions to her and asking her to meet him in different places which she refused. In the 1st week of March 2023 while she was returning from her coaching class, the petitioner stopped her near the market and asked her to go with him. She refused, but he compelled her to accompany him and took her to the house of his friend. There he forcibly kept physical relationship with her and after wards, dropped her near the mess. She had not informed this to her family members, but she had asked the petitioner not to talk to her. But on 25.04.2023 when she was on her way to the coaching class, he forcibly made her go in his motorcycle and took her towards the jungle where he tried to have physical relationship with her. When she refused, he removed her inner garments and shot a video of her and then left her near the mess again. In the evening he wanted to talk to her, but she refused. On the next day while she was going to her coaching class he was waiting for her on the way. He repeated this a number of occasions, following her wherever she went. He prepared a live video and kept it in his phone and would always follow her. On one occasion he assaulted her and threatened that if she did not talk to him, he would send the video which he had shot in the jungle to everybody. Another girl who was staying in the mess would provide information about her to the petitioner for which he knew about her activities. The petitioner had sent the video to this girl and she has circulated it among some friends. On 27.04.2023 night, the informant blocked the petitioner’s number and narrated the incident at home that night. She did not go to the mess or to the coaching class for some days. When she went to the coaching class after some days, the petitioner was waiting on the way and threatened her to talk with him and to go Page 2 of 4 with him to Keonjhar. When she refused he threatened to make the video viral. He also threatened that if she did not talk to him he would kill her and throw acid on her. On 28.08.2023 when she was going to college for appearing in her practical exam, he went there and tried to pull her for which she informed the other students who detained and kept him there. After she appeared in the exam, she went to the police station and lodged FIR. 5. Mr. Arijeet Mishra, learned counsel for the petitioner submits that the statement of the victim recorded under Section 164 of Cr.P.C. would reveal that the victim and the petitioner are known to each other and where in a relationship and though the first incident is April 2023, she has lodged FIR after four months i.e. on August 2023. Her medical examination report does not show any sign of recent sexual intercourse. He further submits that on the very day, FIR was lodged against him, the father of the petitioner has also lodged an FIR in the same police station and Champua P.S. Case No. 130 of 2023 and the FIR has been registered under Sections 341, 323, 294, 385, 506, 34 of IPC against Satyabrata Mohanta, Mohendra Mohanta, Jajati Mohanta and Vikash Mohanta. In this case investigation has been completed and charge sheet has been filed against the petitioner who is a young man of 21 years who is in custody since 29.08.2023 for which he may be released on bail. 6. Mr. A.P. Das, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that petitioner had compelled the minor victim to have sexual intercourse and thereafter had been constantly harassing the victim girl for which she complained to her family member and her father has lodged the FIR leading to registration of this case against the petitioner. The statement of the Page 3 of 4 victim implicates the petitioner for which he should not be released on bail. 7. Perusal of the statement of the victim reveals that the petitioner has been constantly harassing the victim who is a minor. He has compelled her to have sexual intercourse and has also shot a video of her which he has circulated. The chances of him harassing the victim if he released on bail cannot therefore be ruled out. 8. Considering the nature of allegations against the petitioner and the age of the victim girl, I am not inclined to allow the prayer for bail and reject the prayer. 9. The BLAPL is accordingly dismissed. 10. Considering the age of the petitioner, the learned trial Court is requested to expedite the trial. 11. It is open to the petitioner to move for bail afresh after examination of the victim girl. 12. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 19-Nov-2023 15:43:29 Page 4 of 4