Orissa High Court
Rahul Bag @ Bhoi vs State Of Odisha .... Opposite Party on 30 January, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.231 of 2023
Rahul Bag @ Bhoi .... Petitioner
Mr. T.P. Mohapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. Shashanka Patra, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 30.01.2023
02. 1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s. 344/366/376(2)(n)/506/379/34, I.P.C. in connection with Madanpur Rampur P.S. Case No.298 of 2022 corresponding to C.T. Case No.531 of 2022 pending in the court of the learned J.M.F.C., M.Rampur.
3. From the F.I.R. it reveals that the Informant filed a complaint petition before the learned J.M.F.C., M.Rampur alleging kidnapping and commission of rape on her by the accused persons besides theft of her valuables and having intimidated by the accused-Petitioners.
4. Having regard to the fact that the complainant is a widow aged about 31 years and was accompanied by her daughter, all the facts narrated by her seems that the complainant was well aware of the consequences and the places of their moving as well as her Page 1 of 2 // 2 // relationship with the Petitioner. In that view of the matter and further fact that though the incident took place on 06.08.2022 report has been lodged on 13.12.2022, the actual fact can be revealed only during trial.
5. Be that as it may, keeping in view the nature of the allegations, the circumstances appearing in the case and the seriousness and gravity of the offences, while this court is not inclined to grant anticipatory bail, it is directed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., M.Rampur in the aforesaid C.T. Case within a period of three weeks from today, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to the following further conditions -
(i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required;
(ii) He shall appear before the trial court on each date of posting of the case unless specifically exempted from such appearance by the court in seisin over the matter.
(ii) He shall not threaten, terrorise, intimidate or harass the Informant-complainant and her family members as well as the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever, while on bail.
(iii) Violation of any of the conditions shall entail cancellation of bail of the Petitioner.
6. The ABLAPL is disposed of accordingly.
( Chittaranjan Dash ) Judge S.K. Parida Page 2 of 2