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Rakesh Behera @ Jaga vs State Of Odisha

Orissa High Court · Decided on 21 August 2023 · Citation: (2023) 08 OHC CK 0142

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 342, 354(C), 376(D), 376(2), 506 · Protection Of Children from Sexual Offences Act, 2012 — Section 4 · Information Technology Act, 2000 — Section 66E, 67A
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4044 Of 2023
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Judgment

11 paragraphs · 364 words

G. Satapathy, J

1.

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

2.

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Mahanga P.S. Case No. 200 of 2021 corresponding to Special G.R. Case No. 115 of 2021 pending in the file of learned Addl. District Judge-cum-Special Court under POCSO Act, Cuttack for commission of offence punishable under Sections 342, 376(2), 376(D), 354(C), 506 of the IPC read with Section 4 of POCSO Act and U/Ss. 66E/67A of IT Act on the allegation of committing gang rape and aggravated penetrative sexual assault upon the victim by confining her in a room and secretly video graphing the incident and subsequently getting the video footage viral.

3.

In the course of hearing of the bail application, Mr. P.S.Das, learned counsel for the petitioner submits that the victim has already been examined in this case, but there appears no sincere evidence to find the guilt of the accused for commission of Gang Rape against the petitioner and the petitioner having detained in custody for near about two years may kindly be granted bail.

4.

On the other hand, Mr.K.Mohanty, learned counsel for the informant strongly opposes the bail application of the petitioner, but he inter alia submits that the act of the petitioner is not only heinous, but also diabolical and the petitioner, therefore, should not be granted bail.

5.

Mr.S.S.Pradhan, learned AGA also submits that there is no reason to extend any leniency to the petitioner to grant him bail, when the evidence of the victim itself discloses a prima facie case for commission of Gang Rape of the victim.

6.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the mode and manner of commission of crime and on going through the statement of the victim, this Court does not find it proper to grant bail to the present petitioner.

Hence, the bail application of the present petitioner stands rejected.

7.

Accordingly, the BLAPL stand disposed of.

8.

Issue urgent certified copy of the order as per Rules.

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