Rasananda Khuntia vs State Of Odisha

G. Satapathy, J

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

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Mahanga P.S. Case No. 358 of 2022 corresponding to S.T. Case No. 14 of 2023 pending in the Court of learned Additional District and Sessions Judge, Salipur for commission of offence punishable Under Sections 457/376(2)(n)/506 of IPC, on the allegation of committing rape upon the victim by trespassing into her house and threatening her.

In the course of hearing of the bail application, Mr. S.R. Mohapatra, learned counsel for the Petitioner submits that although there is allegation of rape against the Petitioner, but he has been falsely implicated in this case and there is delay in lodging of FIR for commission of such offences and the medical evidence does not corroborate to the medical evidence of the victim. Mr. S.R. Mohapatra, further submits that the Petitioner having already detained in custody since 11.12.2022 and in the meanwhile, charge-sheet having already been submitted in this case containing prevaricating statements made by the victim before different authorities, the Petitioner may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, by placing the statement of the victim prays to reject the bail application of the Petitioner.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the nature and strength of supporting materials available on record and on going through the statements of the victim recorded U/S. 161 and 164 Cr.P.C. together with her medical evidence and there being delay in lodging of FIR, this Court admits the Petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the Petitioner shall not commit any offence while on bail,

(ii) the Petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the Petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case

(iv) the Petitioner shall report attendance before the jurisdiction Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six (06) months from the actual date of his release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the Petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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