Orissa High Court
Sidha @ Sudhansu Naik vs State Of Odisha ..... Opp. Party on 4 October, 2024
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7063 of 2024
Sidha @ Sudhansu Naik ..... Petitioner
Mr. Amit Kumar Nath, Advocate
Vs.
State of Odisha ..... Opp. Party
Mr. G.N. Rout, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
04.10.2024 Order No. (Through hybrid mode)
03.
1. This application under Section 439 of the Cr.P.C. has been filed by the petitioner in connection with Nalco Township P.S. Case No. 155 of 2023 corresponding to G.R. case No. 718 of 2024 in the Court of learned J.M.F.C., Banarpal, where preliminary charge sheet has been submitted under Sections 365, 366, 370(4), 376-D, 376, 109, 506, 34 of IPC, keeping investigation open.
2. This application has been listed before me as BLAPL No. 12953 of 2023 filed by co-accused Ranjan @ Manoj Biswal had been disposed of by me on 16.11.2023.
3. The prayer for bail of the petitioner has been rejected vide order dated 29.05.2024 passed by the learned Addl. Sessions Judge, Angul.
4. The prosecution allegation in brief against the petitioner is Page 1 of 3 that on 21.08.2023 at about 8.35 p.m. while informant along with victim were returning to her village-Balanda at that time, four persons came in a bike and detained their auto near Kurudol Hanuman temple and forcibly took away the victim. Out of the said persons, the informant knew two persons, namely, Kalia and Tuku. On the basis of the report of the informant, the IIC, Nalco Township P.S. Case No. 155 dated 22.08.2023 and conducted investigation. During investigation, it came to light that the informant is involved in this case for kidnapping the victim and the petitioner had committed rape on her along with some of the other accused persons, for which they were also arrested. During investigation, the I.O. of this case found that the victim had been shifted to village- Tihidi and so he went there and rescued her from the house of another co-accused.
5. Mr. Amit Kumar Nath, learned counsel for the petitioner submits that the petitioner has not been named in the FIR, but he has been arrested subsequently in the case. He further submits that the false allegation has been made against him at the instance of the co- accused Sibani Nayak.
6. Mr. G.N. Rout, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that the petitioner evaded arrest Page 2 of 3 and could only be arrested after NBW of arrest was issued against him. He was arrested in another case and brought on remand in this case on 10.04.2024 allegations on record make out a case under Section 376-D of IPC apart from other offenses for which he is not entitled to be released on bail. He also submits that BLAPL No. 2023 of 2024, BLAPL No. 1878 of 2024 and BLAPL No. 574 of 2024 filed by the co-accused have been rejected by this Court.
7. Considering the nature of allegations against the petitioner, I am not inclined to allow the prayer for bail.
8. The BLAPL is accordingly dismissed.
(Savitri Ratho) Judge Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Page 3 of 3 Date: 04-Oct-2024 20:07:21