Orissa High Court
Srikanta Behera vs State Of Odisha And Anr on 5 March, 2021
Author: Savitri Ratho
Bench: Savitri Ratho
CRLA No. 506 of 2020
Srikanta Behera
.... Appellant
-Vrs-
State of Odisha and anr. ....Respondents
09. 05.03.2021
This matter is taken up through Hybrid Mode.
Heard Mr. G. C. Rout, learned counsel for the
appellant, Mr. M. S. Sahoo, learned Addl. Government for the
State and Mr. Padma Charan Pattnaik, learned Counsel for
Respondent No.2. Mr. Pattnaik, learned counsel for the
appellant files an affidavit sworn by the victim before the
Notary Public, Cuttack on 02.03.2021 being identified by
him. The same is kept in the record.
This appeal has been preferred under Section 14 (A)
of SC & ST (POA) Act against the order dated 20.07.2020
passed by the learned Sessions Judge, Sundargarh in Special
G.R Case No 13 of 2020 corresponding to Bargaon P.S. Case
No.8 of 2020 registered under Sections
342/417/376(2)n,376 D of IPC, r/w. Sec.3(2) (v) of SC & ST
POA Act, refusing to release the appellant on bail.
The prosecution allegation in brief as per the FIR is
that on 30.01.2020 about 6:00 P.M. when the informant had
gone to Mundagaon for dance, the present petitioner asked
her over telephone to participate in the dance programme
scheduled to be held at Sundargarh on 31.01.2020 and to
come to Sundargarh for rehearsal. On 31.01.2021 at about
9:30 P.M. Rinku and Srikanta Behera reached Mundagaon
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and took the victim on their Motor Cycle towards
Sundergarh. Near Sundargarh by pass, they had dinner and
then took the informant towards the jungle where the
petitioner committed rape on her against her will. Then they
took her to the Kalyan Mandap at Sundargarh where the
petitioner again committed rape on her. He then threatened
to finish her if she will disclose this incident to anybody. The
victim informed her sister's friend Sidhanta Mishra who
rescued her from Kalyan Mandap.
Learned counsel for the appellant submits that the
appellant is in judicial custody since more than eight months
and he has no criminal antecedent. The victim has not made
any allegation of rape against him in her statement recorded
under section 164 Cr.P.C. and that he has filed an attested
copy of the certified copy of this statement along with the
appeal.
Learned Addl. Standing Counsel vehemently
opposed the prayer for bail stating that the appellant has
pressurized the victim to change her version and that
chargesheet has been filed against him for commission of
offences under sections 417, 376(2)(n), 376(D), 342, 506 of
IPC and sec.3 (2) (v) S.C. & S.T. (POA) Act.
Perused the 164 Cr.P.C. statement of the victim girl
and affidavit filed by her through her counsel in the Court
today. She has not made any allegation of sexual assault
against the appellant in her statement recorded under
section 164 Cr.P.C. and in her affidavit she has stated that
she stands by her statement recorded under section 164
Cr.P.C. and that she is now married and expecting a baby
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and has no objection if the appellant is released on bail.
Considering the facts and circumstances of the
case, nature of accusations, the statement of the victim
recorded under section 164 Cr.P.C., affidavit filed by her in
this appeal and period of detention of the appellant in jail
custody, I am inclined to allow the prayer for bail.
Let the appellant-Srikanta Behera be released on
bail in the above noted case on such terms and conditions as
may be fixed by the learned Court below in seisin over the
matter, including the following conditions:-
i) He will report before the Bargaon Police Station
once every Sunday between 10.00 a.m. to 1.00
p.m. for a period of six months.
ii). He will not enter the village of the informant-
victim.
ii) He will not threaten or try to influence
prosecution witnesses while on bail.
Copy of this order be sent to the I.I.C. Bargaon Police
Station to ensure compliance.
Violation of any condition will entail in cancellation of
bail.
Urgent certified copy of this order be granted on
proper application.
..........................
Savitri Ratho, J.
Prasant 4