Orissa High Court
Rakesh Kumar Jena vs Vrs on 3 February, 2021
Author: Savitri Ratho
Bench: Savitri Ratho
BLAPL No. 7458 of 2020
Rakesh Kumar Jena .... Petitioner
-Vrs.-
State of Odisha .... Opp. party
0 03. 03.02.2021 Heard Mr. S. Mohanty, learned counsel for the
petitioner and Mr. Sk. Zafrullah, learned Addl. Standing
Counsel for the State through Video Conferencing mode.
This is an application under Section 439 of
Cr.P.C. for grant of bail to the petitioner- Rakesh Kumar
Jena in connection with Kendrapara Town P.S. Case
No.119 of 2020 corresponding to G.R. Case No. 1008 of
2020 pending in the Court of the learned S.D.J.M.,
Kendrapara registered for commission of offence
punishable under Sections 341/ 342/ 323/ 363/ 365/
354(B)/ 279/ 337/ 338/ 379/34 of I.P.C.
The petitioner had moved an application for bail
before the Court of learned Sessions Judge, Kendrapara
which was rejected on 12.10.2020.
The prosecution allegations in brief are that on
26.06.2020, at about 11 A.M., while the informant-victim
was waiting for the arrival of her brother at Tinimuhani
Chhak, Kendrapara, the accused-petitioner arrived at the
spot and told her that her mother had met with an
accident and had been shifted to S.C.B. Medical College &
Hospital, Cuttack. So, the victim-informant accompanied
the accused-petitioner in his motor-cycle to Cuttack. Near
Salepur when the accused-petitioner turned his bike
towards Salepur Canel road, the informant protested.
Then the accused-petitioner parked his motor-cycle in a
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lonely place and dragged the informant-victim behind an
abandoned house. When the informant-victim shouted,
the accused-petitioner deal a fist blow on her nose,
causing bleeding injury. Hearing her shouts one person
arrived at the spot. But the accused-petitioner told him
that the informant-victim had fallen from the bike and he
was taking her to the Hospital. While they were returning
to Kendrapara, near Nischintakoili, one Tata Ace Vehicle
dashed against the bike of the accused-petitioner as a
result of which the informant-victim fell down and
sustained severe injuries on her person. She was shifted
to CHC, Nischintakoili for treatment and when her health
condition became serious, she was referred to S.C.B.
Medical College & Hospital, Cuttack and was shifted to the
ICU of Srushti, Hospital, Cuttack and was discharged on
06.07.2020. After her recovery, she has lodged an FIR on
21.07.2020 leading to registration of case under Sections
341/ 342/ 323/ 363/ 365/ 354(B)/ 279/ 337/ 338/
379/34 of I.P.C.
Learned counsel for the petitioner states that the
petitioner and the victim are known to each other and
Sukanta
she sustained injures as the vehicle met with an accident
and she has made false allegations against the petitioner
of use of force. He further submits that the petitioner is in
custody since 18.09.2020 and investigation has been
completed in the meanwhile.
Learned Additional Standing Counsel for the
State opposed the prayer for bail and placed the
statement recorded under Section 164 Cr.P.C. of the
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victim and further stated that the accused-petitioner had
attempted to commit sexual assault on the victim by
taking her to a lonely spot after stating falsehood but was
prevented by arrival of an outsider and he has hit her and
caused grievous injury on her nose. Hence, the petitioner
does not deserve to be released on bail.
Considering the respective submissions, nature of
allegations against the petitioner, the discharge of the
injured-victim from the hospital and the period of
detention of the petitioner in judicial custody, I am
inclined to allow this application for bail.
Let the petitioner- Rakesh Kumar Jena be
released on bail on such terms and conditions as may be
fixed by the learned Court below in seisin over the
matter, including the following conditions :
1. He will not indulge in any criminal activity while on
bail.
2. He will not threaten or try to influence prosecution
witnesses while on bail.
The BLAPL is accordingly disposed of.
Violation of any condition will entail in cancellation of
bail.
..........................
Savitri Ratho, J.
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