Allowed

Ratan Mandal v. State of Odisha

Orissa HC11 Nov 2021BLAPL/8414/2021

Case brief

AI extract

What is this about?

High Court dismissed bail opposition and granted bail to the petitioner in an IPC case involving conspiracy and abduction, holding that as no rape charge was levelled against him and investigation concluded, he should be released on stringent conditions.

What did the court decide?

Bail granted on Rs. 50,000 bond with one solvent surety, subject to conditions to not harm victim, influence witnesses, attend court and report to police station.

Ratan Mandal Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.8414 of 2021

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Ratan Mandal …. Petitioner Mr.T.K. Mishra, Advocate

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State of Odisha …. Opp. Party Mr. P.K. Mohanty, Addl. Standing Counsel

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CORAM: JUSTICE R.K. PATTANAIK

ORDER

Order No.

11.11.2021

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

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Umerkote P.S. Case No.315 of 2021 corresponding to G.R. Case No.501 of 2021 pending in the court of learned J.M.F.C., Umerkote on the grounds stated therein.

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Gone through the contents of F.I.R.

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Learned counsel for the petitioner submits that the accused is not alleged of committing rape on the victim, which is against the principal accused, who has been arrested and is presently in judicial custody and considering the fact that charge sheet has already been filed and he has remained in custody for more than two months should be released on bail with any conditions. Learned counsel for the State opposes the bail of the petitioner on the ground that he conspired with other accused, who admittedly, committed rape on the victim.

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The charge sheet is filed. The petitioner is in judicial custody since the month of August, 2021. The allegation is that the victim was drugged and subsequently, was raped by the other accused. The petitioner forwarded and charge sheeted under Sections 109/506/363/120-B and 34 IPC. There is no allegation of any rape being committed by the petitioner, who said to have accompanied the victim. According to the learned counsel for the petitioner, the principal accused is in custody and as per the version of the victim, she was subjected to the rape without consent by the accused, namely, Biraj Mistri.

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Considering the above facts and the fact that the investigation is over and the petitioner not being alleged of an offence of rape, the Court is of the considered view that he should be released on bail with stringent conditions.

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Accordingly, it is directed that the petitioner to be released on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Court below in seisin over the matter with the conditions that he shall not terrorize or cause any harm to the victim; shall not influence any material witnesses, while on bail; shall attend the court on each date of posting and remain present throughout till the trial is concluded; shall attend the local PS and report the IIC concerned once in a month for a period of next six months or till the trial is over, whichever is earlier.

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The BLAPL is accordingly disposed of.

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An urgent certified copy of this order be issued as per rules.

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KC Bisoi

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Ratan Mandal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ratan Mandal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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