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Rabi @ Suresh Kumar Nayak vs State Of Odisha

Orissa High Court · Decided on 18 March 2024 · Citation: (2024) 03 OHC CK 0137

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 34, 354B, 376(2)(n), 376(3), 506, 511 · Protection of Children from Sexual Offences Act, 2012 — Section 6, 12
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8260 Of 2023
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Judgment

12 paragraphs · 369 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing counsel for the State.

3.

The petitioner is in custody since 07.05.2023 in connection with Saheed Nagar P.S. Case No. 172 of 2023 corresponding to T.R. Case No. 256 of 2023 pending in the court of the learned 4th Addl. Sessions Judge-cum-POCSO Court, Bhubaneswar for the alleged commission of offence under Sections 376(2)(n)(3)/354-B/511/506/34 of IPC read with Sections 6 and12 of POCSO Act.

4.

As per the FIR allegations, one Sadananda Nayak, father of the petitioner, committed rape of the victim girl on several occasions causing her to become pregnant. In so far as petitioner is concerned, he allegedly professed his love for the victim by giving her chocolates. Learned counsel for the petitioner refers to the statement of the victim recorded under Section 161 of Cr.P.C. wherein there is no allegation of sexual assault against the petitioner. Learned counsel appearing for the informant refers to the 164 statement of the victim where she has made allegations of sexual assault against the petitioner. This Court finds that 161 statement was recorded on 05.05.2023 and 164 statement was recorded on the next date, i.e. 06.05.2023. There is wide variance in the two statements which raises reasonable doubt as regards veracity of the victim’s version in so far as the petitioner is concerned.

5.

Taking into consideration all the above facts as also the fact that the petitioner has been in custody for nearly 10 months, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the following conditions:-

(i) He shall not make any sort of contact with the victim or her family members either physically or telephonically.

(ii) He shall not approach, threaten, coerce or pressurize the victim or her family members in any manner whatsoever.

It is needless to mention that violation of any of these conditions shall entail cancellation of bail.

6.

The BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

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