Rinku Benia Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party No.1. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Special Case No.63 of 2023, arising out of Malkangiri P.S Case No.564 of 2023, pending in the court of learned Additional Sessions Judge-cum-Special Judge, Malkangiri, for alleged commission of offence punishable under Section 363 of the I.P.C.

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Page 1 of 4.

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Learned counsel for the Petitioner submits that earlier this matter was not before any of the bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 08.11.2023. He further contended that in the meantime, investigation has been concluded and final charge sheet has been filed. Further referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that both the Petitioner as well as the victim were in a love relationship. He further contended that the victim on her own volition eloped with the Petitioner. He further contended that while they were in Mumbai, they were arrested on suspicion. Thereafter, they were handed over to the local police. After which a case under Section 363 of I.P.C. was registered against the Petitioner. Thereafter, after conclusion of the investigation, charge sheet has been filed under Section 363/366/376(2)(n)/376(3) of I.P.C. read with Section 6 of POCSO Act. Learned counsel for the Petitioner further contended that the Petitioner is local resident, therefore, there is no possibility of his absconding from justice. He further submitted that the Petitioner had gone with the victim with her consent. On such ground, it was submitted that the Petitioner be released on bail on any terms and conditions deemed fit by this Court which the Petitioner shall abide by while on bail.

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Page 2 of 4.

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Pursuant to the notice issued by this Court, the victim appeared through virtual mode through the local police station. The victim submitted that in view of the decision taken by her family members, she does not want to object the release of the Petitioner on bail. She further submitted that she had gone with the Petitioner on her own volition and that the Petitioner never compelled her to go with him.

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Learned counsel for the State, on the other hand, Opposed the released of the Petitioner on bail on the ground that on the basis of the materials available on record a case is well made out in the alleged offences. It is further submitted that after investigation charge sheet has been filed making allegation under Sections 376(2)(n)/376(3) of I.P.C. It is also submitted that the allegation made against the Petitioner is heinous and serious in nature. Therefore, the Petitioner should not be released on bail.

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Having heard the learned counsels appearing for the respective parties and further taking into consideration the statement of the victim, who is present in person before this Court virtually, this Court observes that the victim is not interested to oppose the release of the Petitioner on bail. On such ground, this Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on

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Page 3 of 4.

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bail in the aforesaid case on furnishing bail bond of Rs.30,000/-(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to the following conditions:-

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I) he shall appear before the trial court on each and every date of posting of the case;

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II) he shall not harass, threaten or terrorize any of the prosecution witnesses including the victim and her family members in any manner whatsoever while on bail; and

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