A.K. Mohapatra, J
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.
3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with GR Case No. 230 of 2024, arising out of Bamibari PS Case No.46 of 2024, pending in the Court of learned JMFC, Barbil for alleged commission of offence punishable under Sections 376/354-C/323/201/506/34 of IPC r.w Section 66-E of Information Technology Act, 2000.
4. It is submitted by the learned counsel for the Petitioners that the Petitioner is in custody since 22.01.2024. He further submitted that in the meantime time the investigation has been concluded and charge sheet has been filed on 14.03.2024. Referring to the allegations made in the F.I.R., learned counsel for the Petitioner submitted that the allegation under Section 376 is made out against one Binod Sahu, who happens to be the principal accused. So far the present Petitioner is concerned, the only allegation against her is that she has brought the victim from her village on an assurance to provide a job. Learned counsel for the Petitioner further contended that so far the allegation under Section 376 is concerned, the Petitioner is in no way involved in such crime. He further contended that the Petitioner has been in custody for almost 6 months and final charge sheet has been filed. It was further contended that the Petitioner belongs to the locality and there is no chance of absconding. He further submitted that in the event the Petitioner is released on bail, she is ready and willing to abide any terms and conditions that would be imposed by this Court.
5. Learned Additional Standing Counsel on the other hand submitted that the allegations made in the F.I.R. are grave and serious in nature. So far the present Petitioner is concerned, it was submitted that the present Petitioner is responsible for bringing the victim to Bhubaneswar wherein the occurrence had taken place. Therefore, it cannot be ruled that the petitioner has abetted the crime under Section 376 IPC. In such view of the matter, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.
6. Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this court is of the view that one Binod Sahu, the principal accused, had committed rape. So far the present Petitioner is concerned, the only allegation against the petitioner is that she had brought the victim to Bhubaneswar to provide her a job. In view of the aforesaid facts, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.
7. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.
8. It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any condition shall entail cancellation of the bail application.
9. The BLAPL is, accordingly, disposed of.
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