AI Structured Summary
Not yet generated for this judgment
Judgment
Savitri Ratho, J
BLAPL NO. 675 OF 2024 & I.A. NO. 47 OF 2024
This application under Section 439 of Cr.P.C. has been filed in connection with Chandiposh P.S. Case No. 64 of 2023 corresponding to G.R. Case No. 671 of 2023 pending in the court of the learned S.D.J.M., Bonaigarh where chargesheet dated 25.11.2023 has been submitted against the petitioner under Sections 294 and 376(1) of IPC.
The prosecution allegation in brief against the petitioner is that the victim had gone to her cousin sister’s house in a nearby village. On 27.09.2023 at around 12 P.M., she was returning with her boy friend to her village. On the way as the road was rocky, the scooty could not negotiate the road for which her boy friend dropped her there and she was walking to her village. At that time the present petitioner allegedly followed her on his motor cycle. Though she started running, he detained her and pulled her to the jungle and raped her and thereafter took away her clothes for which she covered herself with a napkin and reached her house around 4.30 P.M. F.I.R. has been lodged on the next date i.e. 28.09.2023.
The prayer for bail of the petitioner has been rejected vide order dated 26.12.2023 by the learned Additional Sessions Judge, Bonai in Bail Application No. 79 of 2023.
I.A. No. 47 of 2024 has been filed for releasing the petitioner on interim bail for a period of two months to enable him to look after the treatment of his father Benjamin Lakra who is a kidney patient and is undergoing Hemodialysis twice a week. It is submitted that the Community Welfare Society Hospital in Rourkela is 45 kms. away and there is no other male member in their house to take his father to the said hospital and the motorable road is 8 km. away from the village, his father is staying in a place near the hospital in order to undergo dialysis. Therefore, the release of the petitioner is essential for arranging for the treatment of his father.
On 09.02.2024, Mr. S.S. Pradhan, learned Additional Government Advocate had been directed to obtain instructions and today he submits that I.O. has submitted the instructions that Benjamin Lakra has been diagnosed to be suffering from chronic kidney disease and anemia and he is staying with his elder daughter Suman Topno at Bisra Birkera under Bondamunda Police Station and his daughter is taking him to hospital regularly for dialysis.
Ms. Anita Dash, learned counsel for the petitioner submits that false allegations have been made against the petitioner on account of dispute between the family of the informant and the family of the petitioner and F.I.R. has been lodged after a delay of one day and medical examination report of the victim does not support her allegation. She further submits that Suman Topno is the married sister of the petitioner and though she is looking after their father Benjamin Lakra, as there is no other way he can undergo treatment, but she cannot look after him for an indefinite period as she is staying with her in-laws. She further submits that release of the petitioner is essential to arrange for funds for treatment of his father.
Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the allegations make out the offences against the petitioner and the offence being heinous in nature, the petitioner does not deserve to be release on bail.
Considering the nature of allegations against the petitioner, I am not inclined to release him on bail. But considering the health condition of his father Benjamin Lakra, who is undergoing Hemodialysis on account of her kindey ailment, I am inclined to release the petitioner on interim bail for a period of four weeks to arrange for the treatment of his father. The petitioner shall surrender before the Court below after completion of four weeks. The date of surrender shall be fixed by the learned court in seisin over the matter while releasing the petitioner on interim bail.
The petitioner- Sanjay Lakra shall be released on interim bail for a period of four weeks on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :
(i) He will not indulge in any criminal activity while on interim bail.
(ii) He will not threaten or try to influence prosecution witnesses or tamper with prosecution case.
(iii)He will report to the Chandiposh Police Station once in a week preferably on a Sunday.
(iv) The petitioner shall surrender before the learned trial court after expiry of the period of interim bail.
Violation of any condition will entail in cancellation of interim bail.
The BLAPL and I.A. are accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
A copy of this order be supplied to Mr. S.S. Pradhan, learned Additional Government Advocate for onward transmission to the IIC, Chandiposh Police Station.
…………………………