The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12682 of 2023 Sanatan Mandal @ Soni State of Odisha … vs. ... Petitioner Mr.J.K.Khuntia, Advocate Opposite Party Ms.S.Mishra, ASC CORAM: JUSTICE SAVITRI RATHO Order No. 02.
Decision
ORDER 22.12.2023 (Through hybrid mode) 1. On 10.11.2023, this matter was adjourned to 01.12.2023 to enable the learned Addl. Government Advocate to obtain the case diary. Today, the case diary in Sahadevkhunta P.S. Case No.384 of 2023 has been produced by Ms.S.Mishra, learned Addl. Standing Counsel. When asked to place the statement of the husband of the victim lady, she submitted that though the case diary reveals that he has been examined on 25.9.2023 but his statement has not been sent alongwith the case diary. 2. Perusal of the case diary reveals that the statement of Pramod Debanath, husband of the petitioner has been recorded on 25.09.2023. He is Chargesheet Witness No.3 but the I.O. has not sent his statement with the case diary. It is also noticed that there is over writing in the page numbers of the case diary . Therefore the possibility of removal of some pages in the case diary, sent to this Court cannot be ruled out . Certified copy of the forwarding report and statement of the victim and her husband and three other witnesses recorded under Section – 161 Cr.P.C have been produced by the learned counsel for the petitioner which are taken on record. 3. This is an application under Section 439 of Cr.P.C. in connection with Sahadevkhunta P.S. Case No. 384 of 2023 Page 1 of 4 corresponding to C.T. Case No.798 of 2023 pending in the Court of the learned S.D.J.M., Balasore under Sections 363, 506, 376 (1), 379, 323 of IPC. 4. The prayer for bail of the petitioner has been rejected vide order dated 31.10.2023 passed by the learned Sessions Judge, Balasore. 5. The prosecution allegation in brief as per the FIR is that on 09.08.2023 at about 10.00 a.m. when the informant was going to the shop of her husband, the accused gave her a lift on his motorcycle. But instead of taking the victim to the shop of her husband, he took her towards Bhadrak. When she protested, the accused threatened to kill her family members if she did not obey him. He took her somewhere and kept her in a room and forcibly kept physical relations with her repeatedly. The victim informed the incident to her husband on 12.09.2023 over phone and on 14.09.2023 the accused left her near Sahadevkhunta bus stand with a threat to murder her family if she would disclose the matter before anybody. In her statement recorded under Section – 161 Cr.P.c , she has stated that she knows the petitioner since long and he used to help her mother who was staying alone , He had borrowed money from her and had also taken her gold ear tops and was not returning it or the money . Her husband quarreled with her when he learnt of this. So the petitioner offered to arrange a job for her in Sambalpur, so that she can earn some money to give to her husband. But took her to various places before taking her to Sambalpur. As she could not get a job, she came back . She has also stated that they had physical relations while staying in Sambalpur and they have had physical relations with each other on different occasions since three years. She had tried to break off relations with the petitioner, but he threatened to commit Page 2 of 4 suicide for which she lodged FIR. 6. Mr. J.K.Khuntia, learned counsel for the petitioner submits that from a perusal of FIR, the statements of the victim who is a major , recorded under Section 161 and 164 Cr.P.C., it would be apparent that she given different versions . Although she knows the witness since long, she has tried to suppress this in her statement recorded under Section 164 Cr.P.C. Some witnesses have stated that she had come to the petitioner’s house and demanded that he accept her as his wife , as her husband was suspecting her.. But he refused as he was already married, for which she was seen quarreling with him and his family members outside his house. He further submits that as investigation is over in the case, he may be released on bail. 7. Ms. S.Mishra, learned Addl. Standing Counsel opposes the prayer for bail stating that the petitioner had taken advantage of the victim – complainant and had physical relations with her without her consent. He has also taken a huge amount of money from her and on the plea of arranging a job for her has taken her to various places and compelled her to have physical relations with him. 8. Perused the statement of the victim recorded under Section – 164 Cr.P.C and the statements of witnesses recorded under Section – 161 Cr.P.C including that of the victim and her husband. 9. Considering the nature of statements of the witnesses and victim herself, her age and as investigation is over, I am inclined to allow the prayer for bail. 10. The petitioner-Sanatan Mandal @ Soni shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter. 11. The BLAPL is accordingly disposed of. 12. No observation in this order, should influence the learned trial Page 3 of 4 Court, during trial. 13. The Superintendent of Police, Balasore is requested to look into the matter and ensure that complete and up-to-date case diary is sent to the Court by the IICs / I.O.s and statements of witnesses recorded under Section 161 Cr.P.C. are not withheld. 14. Urgent certified copy of this order be granted as per rules. 15. A copy of this order be supplied to Ms. S. Mishra, learned Addl. Standing Counsel for the State for onward transmission to the Superintendent of Police, Balasore. ………………………... (SAVITRI RATHO) JUDGE Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 29-Dec-2023 18:38:30 Page 4 of 4