Allowed¶30

Japamali Behera v. State of Odisha

Orissa HC3 Dec 2024BLAPL/8051/2024

Case brief

AI extract

What is this about?

BLAPL 8051/2024; High Court of Orissa at Cuttack; Justice G. Satapathy; Japamali Behera v. State of Odisha; bail under S. 483 BNSS 2023; Ss. 376(2)(n) and 506 IPC; Astarang P.S. Case No. 169 of 2024; G.R. Case No. 856 of 2024; JMFC Nimapada; rape allegation via tuition teacher; bail bond Rs. 25,000 with two sureties; custody since 12.07.2024; bail conditions; S. 229-A IPC warning; fortnightly police reporting; cancellation of bail liberty; order dated 03.12.2024.

What did the court decide?

Regular bail granted to the Petitioner on furnishing bail bonds of Rs.25,000/- with two solvent sureties for the like amount, subject to conditions imposed by the Court; BLAPL disposed of. ¶30

Japamali Behera Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to the Petitioner on furnishing bail bonds of Rs.25,000/- with two solvent sureties for the like amount, subject to conditions imposed by the Court; BLAPL disposed of.

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Issue for consideration

Whether the Petitioner, accused of offences punishable under Sections 376(2)(n) and 506 IPC in Astarang P.S. Case No. 169 of 2024 (G.R. Case No. 856 of 2024, JMFC, Nimapada) and in custody since 12.07.2024, should be admitted to bail.

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Court's answer

Notwithstanding the serious objection raised by the learned counsel for the Informant, the Court admits the Petitioner to bail after considering rival submissions, the nature and gravity of the offence alleged, the accusations against him, his pre-trial detention since 12.07.2024, and the statement of the victim.

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Ratio / Principle

The bail application is allowed and the Petitioner is directed to be released on bail on furnishing bail bonds of Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the court seized of the case, subject to conditions imposed by the Court.

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Key takeaways

Bail is subject to conditions including attendance at the trial court on each posting, non-departure from the territorial jurisdiction without permission, and reporting before the jurisdictional Police Station once a fortnight for three months; the court seized of the case retains liberty to cancel the bail without further reference to this Court if any condition is violated or a case for cancellation is otherwise made out.ratio¶29

Detailed headnote1 paragraphs

Bail — S. 483 BNSS, 2023 — High Court of Orissa (G. Satapathy, J.), oral order dated 03.12.2024 — Petitioner, in custody since 12.07.2024 in Astarang P.S. Case No. 169 of 2024 / G.R. Case No. 856 of 2024 (JMFC, Nimapada) for offences under Ss. 376(2)(n) and 506 IPC on an allegation of raping the victim by taking advantage of his engagement as tuition teacher to the victim's daughter, admitted to bail despite serious objection of the informant's counsel, having regard to the gravity of allegations, duration of detention and the victim's statement. Bail bonds fixed at Rs. 25,000/- with two solvent sureties for the like amount. Conditions: no fresh offence; attendance at trial court on each posting (failing which prosecution under S. 229-A IPC possible); no departure from trial-court jurisdiction without permission; reporting before jurisdictional Police Station once a fortnight (preferably 2nd Sunday, 10 A.M.–12 Noon) for three months from release, with the I.I.C. barred from detaining him beyond the stipulated time after recording attendance. Trial court given liberty to cancel bail without further reference if conditions are violated; any subsequent involvement in grave/similar offence on prima facie accusations may be treated as a ground for cancellation. Urgent certified copy ordered.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 8051 of 2024

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Japamali Behera

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Petitioner

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Mr. K.K. Gaya, Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. B.P. Nayak, AGA Mr. D.Rout, Advocate(Informant)

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

04.

03.12.2024

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

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This is a bail application U/S.483 of BNSS, 2023 by the Petitioner for grant of bail in connection with Astarang P.S. Case No. 169 of 2024 corresponding to G.R. Case No.856 of 2024 pending in the file of learned JMFC, Nimapada for commission of offences punishable U/Ss 376(2)(n) and 506 of the IPC, on the allegation of committing rape upon the victim by taking advantage of her engagement as a tuition teacher imparting tuition to the daughter of the victim.

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Heard, Mr. Karunakar Gaya, learned counsel for the Petitioner, Mr. B.P. Nayak, learned AGA and Mr. Debasish Rout, learned counsel for the Informant in the matter and perused the record.

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After having considered the rival submissions and taking into account the nature and gravity of

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Page 1 of 3

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offence as alleged against the Petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the Petitioner in custody since 12.07.2024 and on going through the statement of the victim, this Court notwithstanding to the serious objection raised by the learned counsel for the Informant admits the Petitioner to bail.

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Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with . In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law ,

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(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay,

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(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd

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Page 2 of 3

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Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per Rules.

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Priyajit

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Dec-2024 14:16:18

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Japamali Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Japamali Behera 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

Parties & counsel

Coram

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