This is a bail application under Section-439 Cr.P.C. filed by an accused in a Section-376(1) IPC case. The High Court, considering the period of custody and circumstances, discharged the accused on bail subject to specific conditions.
Petitioner discharged on bail with conditions to cooperate in investigation and not tamper with evidence.
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
BLAPL No.516 of 2024
Nabin Harijan ..……. Petitioner
Mr. Arijeet Mishra, Advocate
-Versus-
State of Odisha ..……. Opposite Party
Mr. S.K. Raul,
Additional Standing Counsel
CORAM:
JUSTICE SIBO SANKAR MISHRA
ORDER
27.02.2024
Order No.
02. 1. This is an application under Section-439 Cr.P.C.
2. The petitioner is accused in B.Singhpur P.S. Case No.147 of 2023
corresponding to G.R. Case No.290 of 2023 for the offence under Section-
376(1) IPC now pending in the Court of the learned J.M.F.C., Borigumma,
District- Koraput.
3. The allegation in the F.I.R. against the petitioner is as follows: On 26.10.2023, at about 4.00 AM, the complainant Hema Harijan of
village Ratali, District- Koraput lodged a written report at the Police Station alleging that she with one Nabina Harijan of Hardali had love affairs since last five months and they were talking to each other on their mobile phones. Nabina Harijan had promised her to take her to his house
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by marrying her. On 25.10.2023, at about 4.00 PM, Nabina Harijan contacted her on mobile phone and called her to his house. Thereafter, he forcefully committed sexual intercourse with her by removing her pant. After that, when he left the place, Salim Khan and others of her village caught him and took him to her village Panchayat where he denied to take her and to keep marital relationship with her in front of the villagers. Hence, she reported this matter at the Police Station.
4. The victim was examined by the police under Section 161 Cr.P.C. She has reiterated that she had love relationship with the petitioner and the petitioner had promised her to marry. On the pretext of marrying her, he had forcefully committed sexual intercourse with her.
5. The petitioner had approached the learned Sessions Judge, Koraput at Jeypore for grant of bail. The Court below vide its order dated 03.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.
6. Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any Court whatsoever except the present petition.
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7 Taking into consideration the period of custody from 26.10.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.
Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as
it would deem just and proper subject to the further condition that he shall
cooperate with the investigation and shall not tamper with the evidence in
any manner.
Violation of the bail conditions shall entail consideration for
cancellation of the bail granted to the petitioner.
(S.S. Mishra)
Judge
Subhasis/P.A.
Signature Not Verified
Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 29-Feb-2024 20:35:59
1 issue framed by the court
Whether the petitioner should be granted bail in an offence under Section-376(1) IPC.
1 provisions across 1 enactments
Nabin Harijan
State of Odisha
SIBO SANKAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
