Papu @ Debashree Prakash Kumar Biswal v. State of Odisha

Orissa HC12 Dec 2023BLAPL/12030/2023

Case brief

AI extract

What is this about?

This bail application was filed by an accused charged with offences under IPC and the I.T. Act involving exploitation and death by poisoning. The High Court rejected the bail plea, citing the heinous nature of the allegations and existing prosecution evidence, while allowing the petition to apply for bail afresh after examining key witnesses.

What did the court decide?

Bail prayer dismissed; petitioner allowed to approach court below for bail after examination of informant and witnesses.

Papu @ Debashree Prakash Kumar Biswal Vs State of Odisha — Cheating and Forgery | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12030 of 2023

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Papu @ Debashree Prakash Kumar Biswal

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….. Petitioner

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Mr. N.K. Sahu, Advocate

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Vs.

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State of Odisha

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….. Opposite Party Mr. S.S. Pradhan, AGA

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

12.12.2023

Order No.

(Through hybrid mode)

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1. This is an application under Section 439 of Cr.P.C. for grant

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of bail to the petitioner in connection with Pirahat P.S. Case No.178 of 2022 corresponding to G.R. Case No. 2758 of 2022 pending in the Court of the learned S.D.J.M., Bhadrak under Sections 354 (A), 385, 306, 294, 506 and 34 of IPC and Section 67 of the I.T. Act.

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2. The prayer for bail of the petitioner has been rejected vide order dated 09.10.2023 passed by the learned District & Sessions Judge, Bhadrak in Bail Application No. 679 of 2023.

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3. The prosecution case in brief against the petitioner is that in order to maintain his family, the informant was working in Gujrat. The wife of the informant was taking grocery from the shop of the

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petitioner. Since she could not clear the dues, the petitioner

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compelled her to have physical relationship with him. He had also threatened that if she did not pay the outstanding amount, then she would have to leave her husband and marry the petitioner. It is further alleged that the petitioner had taken some nude photographs of the victim and sent the same to the informant. After coming to learn of this, the wife of the informant out of shame consumed poison on 13.10.2022. She was taken to the Hospital by her husband and some other villagers. After consuming the poison, she told one Pratap Biswal, Dayanidhi Behera and Binilata Rout that she had consumed poison as she was unable to tolerate the humiliation after the petitioner released her nude photographs. She died on 15.10.2022 in the Hospital. F.I.R. has been lodged on 21.10.2022 about 6 days after her death. 4. Mr. N.K. Sahu, learned counsel for the petitioner submits

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that false allegations have been made against the petitioner which would be apparent from a perusal of the F.I.R. where it has been initially stated that the deceased died on 15.10.2022. Thereafter

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the informant has stated that the informant arrived in the village on 13.10.2022 on which date his wife consumed poison and she died one hour after being taken to the Hospital. The informant has

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also stated that when he arrived at the village, the petitioner and his grandfather heckled him saying that his wife was no longer there and why he had come to the village. He further submits that investigation has been completed and the petitioner is in custody since 19.07.2023.

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5. Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the petitioner is accused of commission of a heinous offence of having exploited the victim and compelled her to have physical relations with him and circulated her nude photographs and out of shame she has consumed poison. A case under Section 306 of IPC is clearly made out against him. He further submits that the victim has given dying declaration before the witnesses Pratap Biswal, Dayanidhi Behera and Binilata Rout implicating the petitioner and the nude photographs sent by the petitioner to the informant have been recovered from the informant which further strengthens the prosecution case.

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6. Perused the F.I.R. where the informant has stated that when he arrived in his village on 13.10.2022, the victim had already consumed poison and on the way the petitioner and his

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grandfather heckled him. He has stated that along with the other

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villagers had taken the victim in a private vehicle to Tihidi Medical. In Tihidi Medical she was referred to Bhadrak. In Bhadrak Hospital, one hour after treatment she expired. He has not stated that the victim died the same day, she was taken for

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treatment i.e. 13.10.2022. During investigation, the nude photographs sent to the informant have been recovered by the Police.

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7. Considering the nature of allegations against the petitioner, I

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am not inclined to release him on bail at this stage and reject his

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prayer for bail.

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8. The BLAPL is accordingly dismissed.

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9. It is open to the petitioner to move the learned court below

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for bail afresh after examination of the informant and the three witnesses, namely, Pratap Biswal, Dayanidhi Behera and Binilata Rout .

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

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Signature Not Verified

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Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication puspa Location: Orissa High Court Date: 14-Dec-2023 11:19:01

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Papu @ Debashree Prakash Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Papu @ Debashree Prakash Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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