Allowed

Bapi Khuntia v. State of Odisha

Orissa HC25 Mar 2021ABLAPL/1324/2021

Case brief

AI extract

What is this about?

This grant of pre-arrest bail to the Petitioner in a case involving allegations of outrage of modesty and other offences. The Court observed discrepancies in the victim's statement regarding sexual assault and granted bail subject to cooperation with investigation and absence of evidence under Section 376 IPC.

What did the court decide?

Directs that in the event of arrest, the Petitioner be released on bail by the officer effecting arrest on terms and conditions deemed just and proper.

Bapi Khuntia Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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ABLAPL No.1324 of 2021

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25.03.2021 Learned counsel for the Petitioner submits that in the meanwhile the case has been registered as Bhubaneswar Mahila P.S. Case No.32 of 2021.

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The Petitioner apprehending his arrest in Bhubaneswar Mahila P.S. Case No.32 of 2021, arising out of I.C.C. Case No.309 of 2021, pending in the court of S.D.J.M., Bhubaneswar registered for alleged commission of offences punishable under Sections 354/354(A)/354(C)/ 376/ 506/ 120(B)/34 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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Heard the learned counsel for the Petitioner and learned counsel for the State.

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It appears that the aforesaid compliant petition has been sent under Section 156(3) of Cr.P.C. by the learned S.D.J.M., Bhubaneswar to the IIC, of Bhubaneswar Mahila Police Station for registration of the case.

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From the materials available on record, it reveals that the Petitioner had lodged a report vide I.C.C. No.2850 of 2020 before the learned S.D.J.M., Bhubaneswar against the Informant party alleging offence under Section 406, 420, 500, 506 and 120-B/34 of the I.P.C., which was registered as Khandagiri P.S. Case No.630 of 2020. Subsequent to the same, the present case was lodged. In the complaint petition though allegation was made with regard to sexual assault, but in the statement of the victim recorded under Section 164 of Cr.P.C. during the course of investigation, the victim has made no whisper with regard to sexual assault stated to have made on her by the Petitioner,

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submits the learned counsel for the State. He submits that the same speaks of outrage of modesty. The Petitioner and the victim had earlier relationship, but their marriage could not materialize.

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On consideration of the aforesaid facts and submissions made, especially the nature of accusation, circumstances in which the Petitioner has been indicted in this case, coupled with the fact that his release on pre-arrest bail shall be an hindrance to a free and fair investigation and shall abscond, this Court is of the view that the Petitioner in this case deserves to be released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the Petitioner shall cooperate with the investigation and no material is there against the Petitioner under Section 376 of I.P.C. collected in the aforesaid case.

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The ABLAPL is, accordingly, disposed of being allowed. Urgent certified copy of this order be granted on proper application.

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…………………….. S.Pujahari, J.

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Bapi Khuntia v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bapi Khuntia v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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