Raj @ Sk. Gulam Rasul Vs State of Odisha

This is an appeal under Section 14-A of SC & ST (PA) Act, 1989 which has been preferred by the appellant against an order of rejection of his bail passed on dated 06.03.2024 by the learned Dist. & Sessions Judge, Khurdha, Bhubaneswar in T.R. Case No.246 of 2023.

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The learned standing counsel for the state submitted that, the notice on the informant/victim for hearing of the appeal was served, but, the informant has not come.

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So, I have already heard from the learned counsel for the appellant and the learned Standing Counsel for the State (respondent).

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The appellant has been implicated under Sections 376(2)(n)/ 313/ 294/ 506 of IPC R/w. Sec-3(l)(W)(i)(ii)/ 3(2)(v) of SC & ST (POA) Act, 1989 on the allegations alleged against him that, he (appellant) was keeping sexual relationship with the victim since the year 2019 on false promise of marriage.

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The learned counsel for the appellant submitted that, the appellant is in jail custody since 02.02.2024. The victim is a major girl aged about 27 years and as she being a major girl was indulged in sexual relationship with the appellant since the year 2019 continuously and as the investigation of the case has already been completed due to submission of charge sheet against the petitioner, for which, the learned counsel for the appellant submitted for liberal consideration of bail of the appellant, but, the learned Standing Counsel for the state vehemently objected to the same contending that, the offence have been committed by him (appellant) against a Schedule Caste victim, which is against the society, so, in these heinous nature of allegations, he (appellant) should be not allowed to go on bail.

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When, during the staying of the appellant inside the jail, the investigation of the case has already been completed, for which, the presence of the appellant before the Investigating Officer for the purpose of any further investigation is no more required and he (appellant) is in jail custody for about more than seven months and when, the victim and the petitioner were indulged in sexual relationship continuously since the year 2019 till 2024, then by taking the above factors into account, it is felt proper to set aside the order of rejection of bail of the appellant passed by the learned Dist. & Sessions Judge, Khurdha, Bhubaneswar in T.R. Case No.246 of 2023.

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8. Hence, the appeal filed by the appellant is allowed.

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9. The order dated 06.03.2024 passed by the learned Dist. & Sessions Judge, Khurdha, Bhubaneswar in T.R. Case No.246 of 2023 is set aside.

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He (appellant) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each

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for the like amount to the satisfaction of the Court in seisin over the case with conditions that :-

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(i) he (appellant) shall not involve with similar nature of crime in future.

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(ii) he shall appear before the court personally on each date of adjournment of the case.

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(iii) he (appellant) shall not terrorize, coerce, influence or threat to the informant/victim or her family members and witnesses either directly or indirectly in any manner whatsoever at any stage of the trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court in seisin over the matter is authorized to cancel his bail order outrightly without seeking any permission from this Court for the same.

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