Allowed

Smrutikant Rath v. State of Odisha

Orissa HC26 Nov 2021CRLA/101/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the interim bail application filed by the appellant. The Court held that investigation was completed, the victim was a major, and the appellant had not misutilized interim bail, leading to the grant of bail on specific conditions.

What did the court decide?

The appellant Smrutikant Rath is released on bail in the Sadar P.S. Case No.487 of 2020 upon compliance with fixed conditions including appearance before police and trial court.

Smrutikant Rath Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.101 of 2021

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Smrutikant Rath

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…. Appellant

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Mr.Devashis Panda, Sr. Advocate

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Versus

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State of Odisha and another

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…. Respondents Mr.S.S.Pradhan, AGA (for Respondent No.1) Mr. H.B.Dash, Advocate (for Respondent No.2)

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CORAM: JUSTICE SAVITRI RATHO ORDER

26.11.2021

Order No.

I have heard Mr.Devashis Panda, learned Senior Counsel for the appellant, Mr.Himanshu Bhusan Dash, learned counsel for respondent No.2 and Mr. S.S.Pradhan, learned Addl. Government Advocate through hybrid mode.

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This is an application for grant of bail to the appellantSmrutikanta Rath in connection with Sadar P.S. Case No.487 of 2020 corresponding to C.T. Case No.144 of 2020 pending in the Court of the learned P.O., Special Court (SC/ST, POA Act), Cuttack registered against the appellant for commission of offence punishable under Sections 376 (1)/294/34 I.P.C. read with Section 3 (1) (r), 3 (1) (s) and 3 (2) (va) of S.C. and S.T. (P.A.) Act.

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The case of the prosecution as per the FIR lodged by the victim on 20.09.2020 is that she had developed love for the appellant and they kept communicating with each other over Messanger and Whats App and they had agreed to marry each

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other. The appellant had called her to a hotel on 17.03.2020 and had sexual intercourse with her inspite of her protest and thereafter avoided contact with her inspite of her calls and messages. She then informed her parents who contacted his parents in order to settle their marriage. There was a meeting held in the presence of both the families at a temple but his family did not agree for the marriage.

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Learned counsel for the appellant submitted that the appellant and the victim were both major and single and from the allegations it is apparent that both were in a consensual relationship but their marriage could not materialize, for which the victim has lodged FIR making false allegations. He further submitted that the appellant is in custody since 09.02.2021 and had been granted interim bail by this Court for treatment of his mother and he has not mis-utilized the liberty granted to him, while on interim bail.

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Mr. S.S.Pradhan, learned Addl. Government Advocate on the other hand, opposed the prayer for bail stating that the appellant has taken advantage of the victim girl and established physical relation with her on the false assurance of marriage and without any intention of marrying her.

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Mr. H.B Dash learned counsel appearing for the Respondent No. 2 opposed the prayer for bail submitting that the appellant has established sexual relations with the victim inspite of her protest, giving her a false assurance of marriage. He has in the process spoilt the life of the victim lady and does not deserve to be granted bail. He further submits that four unknown persons had threatened that if she does not withdraw the case against the appellant she would be killed and they caused injury to her with a

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knife for which Cuttack Sadar P.S Case No. 610 of 2020 has been registered on 21.11.2020. She is therefore apprehensive of further assault if the appellant is released on bail.

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I have gone through the case diary and perused the FIR, statements of the victim and other witnesses from which it appears that the victim and the appellant developed affection for each other after which he persuaded her to have physical relations giving her the assurance of marriage but subsequently refused to marry her. His family members did not agree for their marriage because she belonged to a lower caste. The subsequent FIR has been lodged against unknown persons.

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Considering the respective submissions of the learned counsels, nature of allegations against the appellant, the period of detention of the appellant in judicial custody and keeping in mind the victim is a major and educated, and that investigation has been completed in the meanwhile, I am inclined to allow this appeal and the prayer for bail.

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Let the appellant- Smrutikant Rath 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 :

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(i) He will appear before the Cuttack Sadar Police Station on every alternate Monday between 3.00 pm to 5.00 pm, till commencement of trial.

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(ii) He will appear in the trial Court on each date fixed for trial.

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(iii) He will not threaten or try to influence prosecution witnesses.

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Violation of any condition will entail in cancellation of

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bail.

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The CRLA is accordingly allowed. 12. Observations in this order are for the purpose of considering the prayer for bail and should not influence the learned trial court at any stage.

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Copy of this order be sent to the IIC Cuttack Sadar Police Station.

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Urgent certified copy of this order be granted on proper application.

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Bichi

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(Savitri Ratho)
Judge

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Smrutikant Rath v. State of Odisha

Case brief

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Smrutikant Rath v. State of Odisha

Case brief

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