Benudhar Patra vs State Of Odisha

Savitri Ratho, J

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Narla P.S. Case No.93/2023 corresponding to C.T. Case No. 40/2023 pending in the Court of the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna at Kalahandi under Sections 363, 376(2)(n), 376(2) (I), 506 of IPC read with Section 6 of the POCSO Act.

The prayer for bail of the petitioner has been rejected vide order dated 19.08.2023 passed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna at Kalahandi in C.T. Case No. 40/2023.

The prosecution case in brief against the petitioner is that daughter of the informant had been kidnapped by the petitioner on 28.03.2023. The informant had been to Bhawanipatna and on the return when she found that her daughter was missing she searched for her along with other villagers and found her at village Pipalpadar and brought her back to her house. Her daughter who was deaf and dumb disclosed to the informant that the petitioner had kidnapped and committed rape on her twice and also threatened to kill her. It appears that when the bail application was being heard by the learned court below, the victim and her mother-informant were present after receiving notice from the learned Special P.P. and the victim expressed in sign language that the accused should not be released on bail as he would harass her if he was granted bail.

Mr. D.R. Mishra, learned counsel for the petitioner submits that the petitioner who is aged about 19 years is in custody since 27.04.2023 and false allegations have been made against him on account of prior dispute with the family of the informant. He further submits that the petitioner does not have any criminal antecedents and as investigation has been completed, there is no chance of the petitioner tampering with the evidence for which his prayer for bail may be sympathetically considered.

Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the petitioner has committed heinous offence of having raped a deaf and dumb minor girl for which he should not be granted bail. He further submits that the contention that the petitioner has been falsely implicated in the case is a defence plea which is to be considered at the time of trial.

Considering the nature of allegations against the petitioner and as the victim is a deaf and dumb girl, I am not inclined to release the petitioner on bail at this stage. The prayer for bail is rejected.

The BLAPL is accordingly dismissed.

It is open to the petitioner to move the learned court below for bail afresh after examination of the victim girl and her mother in the trial.

Urgent  certified  copy  of  this  order  be  granted  on  proper application.

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