Nilambar Pani vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.29 of 2024, arising out of Nayapalli P.S. Case No.10 of 2024, pending in the Court of learned J.M.F.C.-III, Bhubaneswar for alleged commission of offence punishable under Sections 376/420/406/506/ 384/511 of I.P.C.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 12. 01.2024. He further contended that the investigation has been concluded and final charge sheet has been filed. Further, referring learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. Further, contended that although allegation has been the commission of offence under Section 376, the same is not substantiated by materials on record. He further contended that on reading of the statement of the victim recorded under Section 161 Cr.P.C. as well as 164 Cr.P.C., it appears that the Petitioner made an attempt to commit rape. Therefore, it was emphatically submitted that the Petitioner has not committed rape. With regard to allegation made in the F.I.R. regarding transfer of money, learned counsel for the Petitioner submitted that the Petitioner as well as the informant has known to each other and they were transferring money each other previously.

In course of his argument, learned counsel for the Petitioner submitted an earlier occasion, the informant had taken money from the Petitioner, on repeated reminder the informant aggrieved to return the money. However, the informant did not return the money instead of abused the Petitioner in filthy language, as a result of which the Petitioner had complained before the Police on the basis of such complaint a formal F.I.R. has been registered on 02.01.2024 and the same has been registered as Bhadrak Town P.S. Case No.4 of 2024 for commission of 341, 342, 294, 506, 323, 324, 34 of IPC, wherein the husband of the present informant namely, Asutosh Dash shown as an accused. Learned counsel for the Petitioner further contended that as a counter case to the aforesaid F.I.R., the accused in the Bhadrak P.S. Case No.4 of 2024 has lodged this F.I.R. against the present petitioner to her wife making wild allegation against present Petitioner. Further submitted that accused is in custody for almost six months and that in the meantime the investigation has been concluded and charge sheet has been filed. Further submitted that informant refused to examine medically.

Learned counsel for the State submitted that the case under Section 376, 420 is made out against the present Petitioner. He further contended that the Petitioner had taken money from the informant to perform Puja. When such Puja was not performed, the informant demanded to return money which the Petitioner refused to do. He further contended that when the informant repeatedly asked to return the money, the Petitioner abused and sexually assaulted the informant. On the ground of seriousness and gravity of allegations made in the F.I.R., learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.40,000/- (Rupees Forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter with further conditions that:-

I.   The petitioner shall not indulge in criminal offences while on bail;

II. he shall not default in attendance of the court during trial on each date of posting;

III. shall not harass, threaten, terrorize the informant group; IV. shall not tamper with any prosecution evidence.

V. shall not leave the jurisdiction of the trial court which prior permission of the trial court.

Violation of any of the terms and conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the Petitioner No.1 is subject to depositing a cash security of Rs.10,000/- (Rupees Ten Thousands) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

It is further directed that the bail granted to the Petitioner No.1 is subject to depositing a property security of Rs.2,00,000/- (Rupees Two Lakhs) of before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

The BLAPL is, accordingly, disposed of.

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