Pradipta Bhoi @ Bhuan vs State Of Orissa

S. K. Panigrahi, J

This matter is taken up by virtual/physical mode.

Mr. A. P. Bose, learned counsel for the Petitioner and Mr. K. Gaya, learned Additional Standing Counsel for the State are present. The order is delivered and pronounced in open court in the presence of learned counsel for the parties.

The Petitioner is in custody in connection with Niali PS Case No. 95 of 2020 corresponding to GR Case No. 86 of 2020, pending before the learned JMFC, Niali, Cuttack, registered for the alleged commission of offence under Section 306 of the IPC, has filed this application under Section 439 of CrPC for his release on bail.

The prosecution case, in brief, is that the Informant is the grand-father of the victim, lodged an FIR alleging therein that the accused-Petitioner was in love with his grand-daughter (deceased). The accused person kept physical relationsip with the deceased on many occasions and made her pregnant. The accused was eve teasing and passing offending comments to the deceased while she was going to College. Due to these activities of the accused, the deceased was under severe mental trauma. When the Informant came to know about these facts, he started opposing the accused and restricted the movement of the deceased in order to save her from the clutch of the accused. With these activites, the accused got annoyed and on 15.04.2020 at about 11:45 PM forcibly entered into the house of the Informant. Then the Petitioner committed penetrative sexual assault on the deceased. When the deceased cried out loudly, the Informant and his wife rushed to the deceased and found the accused to be present there. The accused threatened to kill the deceased and fled from the spot. On 16.04.2020, the deceased took oleander fruits as she could not bear the social stigma of becoming an unwed mother. The victim was taken to SCB Medical College and Hospital, Cuttack for treatment but during her treatment, she breathed her last.

Learned counsel for the Petitioner submits that the deceased and the present Petitioner were in love relationship and they were intending to marry but the family members of the deceased knowing such facts, denied the victim to keep love relationsip. The deceased had been disheartened and came to depression since her family members were pressurzing her, as a result of which, she committed suicide out of frustration due to the torture made by her family members. After the death of the victim, the family members hatched a conspiracy to put the Petitioner behind the bar by lodging a false FIR. There is no criminal antecedents against the Petitioner. The Petitioner has been in custody since 04.02.2021.

Learned counsel for the State vehemently opposed the bail prayer of the Petitioner.

Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioner, the stringent punishment provided and that there are reasonable grounds for believing that the Petitioner is not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the prayer for bail is devoid of merit. Hence, the prayer for bail stands rejected.

Accordingly, the BLAPL stands disposed of being dismissed.

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

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