Ashok Kumar Mohanty Vs State of Odisha

G.R. Case No.40 of 2025, pending in the Court learned J.M.F.C., Begunia, registered for the alleged commission of offences under Sections- 296/115(2)/85/76/67/351(2)/3(5) of the BNS, 2023, has filed this petition seeking his release on bail.

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4. The brief fact of the case is that the Complainant has filed one ICC No. 01 of 2025, where she has alleged that she had married to the present Petitioner on 4.11.2006 as per Hondu Rites and Custom at Maa Baramulei Temple, Begunia. Subsequently they have executed a marriage agreement before the Notary public, Khurda. At the time of marriage, she had given dowry of Rs 25,000/- and gold ornaments & other household articles. One IAY house in the name of the complainant has been constructed over the private plot of the Petitioner and Electricity connection has been taken in his name. On 17.12.2024, while the informant was alone, her husband suddenly entered into the house and abused her and forcibly committed rape without the consent of the complainant and let the private act to be video graphed by other two other persons. The aforesaid ICC Case No. 01 of 2025 of the Court of learned J.M.F.C., Begunia, after being forwarded to the same under Section156(3) Cr.P.C. to the P.S., the same was subsequently

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registered as Begunia P.S. Case No. 40/2025. Hence, this case.

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5. Learned counsel for the Petitioner submits that the allegations made against the Petitioner is that he has forcibly kept physical relationship with his wife. He further submits that he had married to the victim at Maa Baramulei Temple, Begunia on 04.11.2006 and they were staying together as husband and wife. He further submits that due to some disturbance in their marital life, now they are staying apart. In the meantime, because of such marital discord, the informant has filed ICC Case before the J.M.F.C.,Begunia He further submits that the Petitioner is in custody since 03.02.2025 for the alleged rape. Since their marriage, they are living as husband and wife and the ingredient of rape is not made out. Therefore, he submits that the Petitioner may be enlarged on bail.

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6. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.

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7. Considering the submissions made by the Petitioner, without delving into the intricacies of the case or the merits of the allegations, and in light of the facts and circumstances at hand, this Court is of the view that the Petitioner should be granted bail by the learned court in

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seisin over the matter, subject to stringent terms and conditions. The conditions are as follows:-

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i. The Petitioner shall appear before the local Police Station on every Monday in between 10 A.M. to 1.00 P.M. till submission of charge-sheet

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ii. The Petitioner shall not indulge himself in any criminal offence while on bail;

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iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and

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iv. The Petitioner, after the onset of monsoon (June, 2025 to August, 2025) shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the Petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying the land for plantation.

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Violation of any of the above conditions shall lead to the cancellation of the bail.

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The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required.

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It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the Petitioner will maintain those plants for a period of two years.

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