Ananta Narayan Panda Vs State of Odisha

Heard Mr. D.P. Dhal, learned Senior Counsel appearing for the Petitioner and Mr. P.C. Das, learned Additional Standing Counsel appearing for the StateOpposite Party. 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 C.T. Case No.1348 of 2023, arising out of Simulia P.S. Case No.330 of 2023, pending in the Court of learned J.M.F.C., Soro, for alleged commission of offences punishable under Sections 506/376(2)(n)/294 of

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the I.P.C.

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It is submitted by Mr. D.P. Dhal, learned Senior Counsel appearing for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 27.10.2023. He further contended that in the meantime, investigation has been concluded and charge sheet has been submitted on 16.12.2023. It was also submitted that the Petitioner had a consensual relationship with the Informant. Thereafter, the Informant had lodged this F.I.R. to blackmail the Petitioner and to extract money from him.

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A counter F.I.R. has been filed by the Present Petitioner against the Informant before the I.I.C., Town Police Station, Bhadrak, which has been annexed to the present bail application under Annexure-5. On perusal of such F.I.R., the Petitioner had admitted to the consensual relationship with the Informant and he had also stated that the Informant has taken a sum of Rs.2,00,000/- from him which was not returned to him and when the Petitioner demanded the money, he has been entangled in this false case.

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It was also contended by the learned Senior Counsel for the Petitioner that the Informant had also lodged an F.I.R. against her in-laws for alleged commission of offences under Sections 498(A)/294/323 before the Bhadrak Town P.S. Case No.524 of 2023 and on perusal

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of the F.I.R. of the aforesaid case, it appears that the Informant was also in relationship with another Sanjay Kumar Mohanty. The elder brother-in-law of the Informant, namely, one Tapan Mohanty objected to such relationship and abused and assaulted the above named Sanjay Kumar Mohanty. Accordingly, the aforesaid F.I.R. has been lodged at the instance of the present Informant.

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Further, referring to the additional affidavit filed by the Petitioner, learned Senior Counsel appearing for the Petitioner submitted that the Informant had also filed another F.I.R. on 22.09.2023 before Bhadrak Town P.S. Case making allegation against her in-laws for commission of offence under Sections 294/323/354/379/448/506/34 of the I.P.C., for which, Bhadrak Town P.S. Case No.504 of 2023 has been registered. Fifteen days after filing the above noted F.I.R., another F.I.R. was registered vide Bhadrak Town P.S. Case No.524 of 2023 on 06.10.2023.

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Learned Senior Counsel appearing for the Petitioner further contended that although the F.I.R. against the inlaws of the Informant has been lodging in Bhadrak Town P.S. Case, however, the present F.I.R. has been lodged at Simulia P.S. By referring to the aforesaid F.I.R.s, learned Senior Counsel appearing for the Petitioner made an attempt to highlight the conduct of the present Informant as she has filed series of F.I.Rs. He further contended that

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admittedly the Petitioner was in consensual sexual relationship with the Informant and later on the Informant, trying to take advantage of such relationship, has made the allegation against the Petitioner in the F.I.R. and on the basis of such allegation, the Informant is trying to blackmail the present Petitioner. On the aforesaid ground, learned counsel for the Petitioner submitted that since charge sheet has been filed and the Petitioner has been in custodial detention for such period, the Petitioner be released on bail on any terms and conditions.

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Learned counsel for the State, on the other hand, objected to the release of the Petitioner on bail. He further contended that the allegations made in the F.I.R. are very serious and heinous in nature. He further contended that the Petitioner in the guise of providing legal assistance to the Informant took advantage of such situation. He further contended that during the process, the Petitioner tried to keep physical relationship with the Informant although the Informant had not given her consent to the same. Further, it is contended that since the Informant is a helpless widow lady, she had no other option, but to withstand such torture by the Petitioner and under compulsion she had kept physical relationship with the Petitioner. It was also contended that in the event the Petitioner is released on bail, there is a possibility that he might not cooperate with the trial which would cause delay in conclusion of the trial.

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On such ground, it was submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application and the materials on record, further taking into consideration the fact that the investigation has been concluded and charge sheet has been filed and that the Petitioner is in custody since 27.10.2023, this Court is inclined to release the Petitioner on bail on stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.40,000/- (Rupees forty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Further, release of the Petitioner shall also be subject to the conditions that he shall not indulge in any criminal activities while on bail; he shall not harass, threaten or terrorize the Informant and her family members in any manner whatsoever, he shall not make any attempt to influence or gain over any prosecution witnesses and shall not attempt to tamper with the prosecution witnesses, he shall appear before the trial court on each and every date of posting of the case. Violation of any of the terms and conditions shall entail cancellation of bail.

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