Heard.

2. At the instance of the opposite party No.2, the F.I.R. in connection with Ranpur P.S. Case No.10 of 2015 corresponding to S.T. Case No.22 of 2016 came to be registered against the petitioners for the offences punishable under Sections 341/ 323/ 294/ 354/ 307/ 506/324/452/427/34 of the IPC pending in the Court of learned Senior Civil Judge-cum-Assistant Sessions Judge (Women's Court), Nayagarh.

3. The allegation against the petitioners is that, on 10.01.2015, the complainant reported at the P.S. that, on the same day, when he was working with labourers, the petitioner Nos.1, 3 & 4 removed his stumps and destroyed. When the labourers opposed the same, they left the place. Then in the same evening, while the complainant was coming from his house to pay his labourers, the above accused persons being armed with lathi, katari etc. entered into his house and abused him in obscene languages. The petitioner No.2 attacked him by means of katari to kill him. At that time, one Sunil Samantaray of his village obstructed the same and he sustained bleeding injury on his left hand. Thereafter, his sister-in-law, father and mother also tried to rescue him, but the accused persons pushed them and dragged the saree of his sister- in-law and kicked her. At that time, his brother Harmohan Nayak, Prafulla Nayak, Gagan Nayak, Sanjay Nayak and others reached at the spot and rescued them. All the accused persons threatened to kill them. Hence, the F.I.R.

Date of Hearing :08.11.2024 :: Date of Order :11.11.2024 A.C. Behera, J. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.

{{ 2 }}

2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.

3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292-A, 212, 376(2)(n) of the IPC, 1860, Section 6 of the POCSO Act, 2012 and Sections 66-E, 67-A & 67-B of the I.T. Act, 2000 along with his other co-accused persons on the allegations alleged against him that, due to the frequent talking between the petitioner and the victim since the month of May, 2022, they loved each other and the petitioner proposed the victim for marriage. Thereafter, in the months of August and November, 2023, the petitioner took the victim by his motorcycle to the OYO Hotel on three different dates and made sexual intercourse with her in a room of that hotel in each occasion and took the naked/nude photographs of the victim inside the room of that hotel through his mobile phone and sent the said nude/naked photographs to the mobile phone of the victim through whatsapp and the said nude photographs of the victim were in her mobile phone, to which, she (victim) had not disclosed before {{ 3 }} any of her family members including her parents. Thereafter, there was disturbance between the victim and the petitioner, for which, the victim stopped her talking with the petitioner. So, the petitioner made the nude photographs of the victim viral. Thereafter, on dated 07.01.2024, she (victim) lodged F.I.R. against the petitioner at Sadar police station, Cuttack, alleging the aforesaid allegations.

It is submitted on behalf of the petitioner he is in custody for about two years and seven months. It is further submitted there is inordinate delay in trial. Accordingly, he renews his prayer for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Though narcotics above commercial quantity was recovered from the petitioner, we find petitioner has suffered incarceration for more than 2½ years. His bail prayer was rejected in December, 2023. Thereafter only two out of nine witnesses have been examined till date. There is no possibility of trial concluding in the near future. Under such circumstances, we are of the opinion petitioner has been able to make out a case of breach of his fundamental right to speedy trial and he is entitled to bail on this score. Bail prayer on the ground of inordinate delay in trial is not fettered by restrictions under Section 37 of the NDPS Act. Reference in this regard may be made to Rabi Prakash vs. The State of Odisha1. 2023 SCC OnLine SC 1109 Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of November 2024 03:58:09 PM

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