Appeal against the rejection of bail in a criminal case involving sexual assault and viral distribution of nude photos. The court rejected the bail prayer citing the gravity of the accusation.
Prayer for bail stands rejected; CRLA dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 130 OF 2021
Ranjit Sahu
…. Appellant
Mr. Chitta Ranjan Sahu, Advocate
-versus-
State of Odisha and others
State of Odisha and others …. Respondent Mr. Sk. Zafrulla, Additional Standing Counsel Mr. Bibhudananda Mohapatra, for the informant
CORAM:
JUSTICE S. K. PANIGRAHI
Order No.
ORDER
06.07.2021
06 .
1. This matter is taken up by video conferencing mode.
2. Heard, learned counsel for the appellant, learned counsel for informant and learned counsel for the State.
3. This CRLA has been filed challenging the order dated 08.01.2021 passed by the learned Spl. Judge-cum-Addl. Sessions Judge, Bhanjanagar in Spl.G.R.Case No. 26 of 2020(SC/ST) pending before learned arising out of Tarasingi P.S. Case No. 180 of 2020, registered under sections 376/34 IPC read with Section 3(1)(w)(i)/3(2)(v) of SC & ST Act and Section 67(A) of I.T. Act.
4. The brief fact of the case is that the co-accused Sagar Sahu-petitioner in CRLA No.128 of 2021 committed sexual assault on the informant-victim Anjali Nayak without her consent on the pretext of marriage. It is further alleged that obscene photos of the victim were taken by the said accused-Sagar Sahu which were sent to the present petitioner who made it viral by uploading
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the same on the facebook. After completion of investigation, charge-sheet was submitted under Sections 376(2)(n), 292(A), 294, 506, 509/34 IPC and Section 3(1)(r)(w)(i)/3(2)(v)(Va) of SC & ST Act along with Sections 66(E)/67/67(A) of I.T. Act.
5. The learned counsel for the appellant submitted that Sagar Sahu, co-accused had love affairs with the informant. There was delay of seven months in lodging the F.I.R. without any cogent reason for such delay. There were long standing enmity between the parties of their caste in the village. The medical evidence does not support the prosecution case. Neither a single nude photo was taken nor the same was made viral or transferred from the mobile of the present petitioner. The prosecution failed to prove the fact that sexual exploitation to the victim and making the photo viral. The doctor opined that there is no sign and symptom of sexual assault on the victim. Except the informant giving viral photo screen short to the police from her mobile, no screen short was seized from the present petitioner.
6. Learned counsel for the State as well as learned counsel for the informant vehemently opposed the bail prayer of the appellant. Learned counsel for the State submitted that the accused persons deliberately exploited the victim-informant sexually. Thereafter her naked pics were made viral. She was under continuous threat from the accused persons and other family
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members for withdrawal of the case or to face dire consequences if she fails to do so.
7. Considering the nature and gravity of the accusation, character of evidence appearing against the appellant, the stringent punishment provided and that there are reasonable grounds for believing that the appellant is not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the prayer for bail is devoid of merit. Hence, the prayer for bail stands rejected.
8. Accordingly, the CRLA stands dismissed.
9. As the Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No. 4798 dated 15th April, 2021.
Judge
LNB-Dutta
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1 issue framed by the court
Whether the appellant should be granted bail in a case involving sexual assault and cybercrimes under sections 376 IPC and IT Act.
3 provisions across 3 enactments
Ranjit Sahu
State of Odisha
Anjali Nayak
S. K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S. K. Panigrahi
Parties & counsel
