Bijaya Paida vs State Of Orissa

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a successive bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with S.T. Case No.148 of 2022 arising out of Banki P.S. Case No.90 of 2022 pending in the file of learned 3rd Additional Sessions Judge, Cuttack, for commission of offences punishable under Sections 376(2)(n)(i)/506 of IPC, on the allegation of committing rape upon the victim, who is stated to be a deaf and dumb girl and threatening to take away her life.

In the course of hearing of the bail application, Mr. B.K. Rath, learned counsel for the petitioner submits that the petitioner is in custody since last one year and he was also granted interim bail for shorter duration and the petitioner after availing the interim bail, has surrendered to custody and in the circumstance, there would not be any difficulty in granting bail to the petitioner.

On the contrary, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the petitioner by inter alia submitting that there is allegation against the petitioner for committing rape upon a deaf and dumb girl and, thereby, the act of the petitioner being against the dignity of a women should not be considered lightly and the bail application of the petitioner may kindly be rejected.

After considering the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the manner and circumstance of implication of the petitioner in this case, especially when there is allegation against the petitioner for committing rape upon a deaf and dumb girl and the rejection of the bail application of the petitioner earlier by this Court in BLAPL No.4970 of 2022 and there being no changes in circumstance in the meanwhile, this Court, therefore, does not considers it proper to grant bail to the petitioner, more particularly when victim is yet to be examined in the trial.

Hence, the bail application of the petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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