Allowed

Nityananda Pradhan @ Girish v. State of Odisha

Orissa HC11 May 2022BLAPL/9578/2021

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of a bail application by Nityananda Pradhan in connection with allegations of rape and related offenses. The court granted bail after considering the completed investigation, custody duration, and petitioner's residency.

What did the court decide?

Petitioner released on bail bond of Rs.50,000 with two local solvent sureties each for the like amount, subject to specific conditions.

Nityananda Pradhan @ Girish Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.9578 of 2021

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Nityananda Pradhan @ Girish …. Petitioner

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Mr.Satyabrata Panda, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.C.Das, A.S.C..

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CORAM:

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JUSTICE A.K. MOHAPATRA

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ORDER Order No. 11.05.2022 03 1. This matter is taken up through Hybrid Arrangement (Virtual . /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel. 3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Boudh P.S.Case No.214 of 2021 corresponding to C.T.Case No.399 of 2021 pending in the Court of the learned S.D.J.M, Boudh for alleged commission of offence under Sections 450,376,506 of the Indian Penal Code. 4. The Prosecution case, in brief, is that the informant, who is the wife of Rajendra Pradhan lodged F.I.R. alleging therein that on 01.09.2021 at about 10 A.M. while she was alone, in absence of her husband the Petitioner trespassed into the house of the informant and at the point of knife forcibly committed rape on her. While her husband returned to the house at about 10 to 11 P.M. from the market she had disclosed the same and thereafter on 02.09.2021 the present

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F.I.R. has been lodged against the Petitioner.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is languishing in custody since 05.09.2021 and in the meantime investigation has been completed and final charge sheet has been filed. It is further submitted by the learned counsel for the Petitioner that the victim is a married lady, who had illicit relationship with the present petitioner and while having consensus physical relationship, the in-laws of the victim appeared at the spot, as a result of which the Petitioner ran away from the spot of occurrence. The present F.I.R. has been lodged implicating the present Petitioner in the alleged crime. It is further contended by the learned counsel for the Petitioner that the medical examination report of the victim does not support the prosecution case. It is further submitted by the learned counsel for the Petitioner that since the Petitioner is a permanent inhabitant of Boudh district, there is no chance of his absconding or fleeing from receiving justice. He further undertakes to appear before the trial court on each date of posting of the case and abide by the terms and conditions that may be fixed by this Court.

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Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner and submits that the offence alleged against the Petitioner is serious in nature and no leniency should be shown to the Petitioner while granting bail. With the aforesaid submissions, learned Additional Standing Counsel urges rejection of the bail application of the Petitioner.

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Having heard learned counsel for the parties, considering the surrounding circumstances of the case and keeping in view the materials available on record and the period of custodial detention of the Petitioner, I am inclined to grant bail to the Petitioner and it is

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directed that let the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

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i) he shall not indulge himself in any similar nature of offence.

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ii) shall appear before the trial court on each and every date fixed by the trial court till conclusion of trial.

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iii) shall not tamper with the prosecution evidence. iv) shall not influence or threaten any prosecution witnesses while on bail.

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v) he shall appear before the concerned Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 1 P.M. till conclusion of trial.

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vi) Violation of any of the terms and conditions shall entail cancellation of bail.

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The trial court may impose any other condition(s) as deem fit and proper.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra ) Judge

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RKS

Nityananda Pradhan @ Girish v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nityananda Pradhan @ Girish v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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