Allowed¶27

Anubhab Gochhayat v. State of Odisha

Orissa HC23 Aug 2024ABLAPL/6034/2024

Case brief

AI extract

What is this about?

Anticipatory bail allowed under S.438 Cr.P.C. in case under S.363 IPC (kidnapping); based on victim's s.164 statement showing voluntary departure, love relationship, no kidnapping or ill-treatment by petitioner; direction for release on bail upon arrest in Reamal P.S. Case No.143 of 2024 / C.T. Case No.279 of 2024 (J.M.F.C., Reamal); Anubhab Gochhayat v. State Of Odisha; ABLAPL No.6034 of 2024; High Court of Orissa at Cuttack; Aditya Kumar Mohapatra, J.; decided 23.08.2024.

What did the court decide?

Anticipatory bail granted: in the event of arrest in connection with Reamal P.S. Case No.143 of 2024 / C.T. Case No.279 of 2024 (J.M.F.C., Reamal), the Petitioner to be released on bail on terms deemed just and proper by the Arresting Officer; ABLAPL disposed of accordingly. ¶27

Anubhab Gochhayat Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.6034 of 2024

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Anubhab Gochhayat

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.....

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Petitioner

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Represented By Adv. - Rajalaxmi Biswal

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr.M.K.Mohanty, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER

23.08.2024

Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.

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This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 363 of Indian Penal Code.

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It is submitted by the learned counsel for the Petitioner that initially F.I.R. was lodged against unknown persons for kidnapping the victim in the present case. Learned counsel for the Petitioner further submitted that in the meantime the

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Page 1 of 3 .

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statement of the victim has been recorded under section 164 C.P.C. In her statement, the victim has stated that she was studying in +2 Arts in Reamal college. At that time, she fell in love with the present Petitioner. Both were in love relationship. Since the aforesaid fact came to the knowledge of her uncle and her other family members the family members fixed the marriage of the victim with a different boy and she was forced to marry with other boy. Such development caused trace and mental trauma to the victim which could not digest and finally on 09.05.2024 without informing any member of her family, she left her parental house and went to her maternal aunt house. When the family members could not find the trace of the victim, they informed the police for her rescue. She further stated in her statement that she left her house on her own volition and went to her maternal aunt house and she has not been kidnapped by anybody including the present Petitioner. It is also submitted that while she was staying at her maternal aunt house she was never ill-treated by anybody and she does not have any complaint against the present Petitioner. She has further specifically stated in her statement that the Petitioner never ill-treated the victim. On such ground, learned counsel for the Petitioner submitted that the Petitioner is innocent and he has been falsely implicated in the present case at the instance of the parents of the victim. On such ground, learned counsel for the Petitioner prays for release of the Petitioner on bail.

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Learned Additional Standing Counsel for the State on the other hand objected to the release of the Petitioner on anticipatory bail on the ground that the investigation is still on.

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Page 2 of 3 .

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He further submitted that the allegations made are serious in nature. Therefore, the same requires further investigation and in the event the Petitioner is released on anticipatory bail, the same would cause delay in investigation and submission of Charge Sheet.

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Having heard learned counsel for the respective parties and taking into consideration the surrounding facts of the case and further taking into consideration the 164 Cr.P.C. statement of the victim, this Court is of the view that there is no material to implicate the present Petitioner in the present crime.

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In such view of the matter, it is directed that in the event of arrest of the Petitioner by the Arresting Officer in connection with Reamal P.S. Case No.143 of 2024 corresponding to C.T.Case NO.279 of 2024 of the Court of the learned J.M.F.C., Reamal, he shall be released on bail on such terms and conditions as would be deemed just and proper by the Arresting Officer.

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The ABLAPL is disposed of accordingly.

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Issue urgent certified copy of this order as per Rules.

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( ADITYA KUMAR MOHAPATRA) JUDGE

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RKS

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Page Signature Not Verified 3 of 3 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 27-Aug-2024 16:56:12

Anubhab Gochhayat v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anubhab Gochhayat v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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