Dipak Bhutia vs Vrs
2021 Latest Caselaw 1502 Ori

                                    HIGH COURT OF ORISSA
                                    BLAPL NO.5701 OF 2020
                             Dipak Bhutia                      ... Petitioner
                                               Vrs.
                             State of Odisha                   ... Opp. Party
06.   05.02.2021          Mr. Dharanidhar Nayak, learned Senior Counsel for
                   the petitioner, Mr. Karunakar Nayak, learned Additional
                   Standing Counsel appearing for the State and Miss
                   Rajalaxmi Biswal, learned counsel for the Informant are
                   present. Judgment prepared in separate sheets is delivered
                   and pronounced in open Court in presence of learned
                   counsels for the parties, and the order is passed accordingly
                   as follows:-
                         There are numerous other allegations as well in the
                   charge-sheet which are very detailed and need not be
                   reproduced since the above extracts are sufficient to
                   indicate that the allegations are specific and not of a general
                   nature. Upon reading of the FIR and the charge-sheet as a
                   whole, it is not possible to come to the conclusion that they
                   do not make out even a prima facie case against the
                   petitioner for the offences in question. While it is true that
                   even the distant relatives of the husband have been roped
                   in, this must be viewed in the context of the fact that the
                   extended family does live in villages within Odisha and the
                   prevalent social milieu and that setting does facilitate their
                   constant interaction. Moreover, the allegations are specific
                   qua each of them. The length of detention of the petitioner
                   is not a ground for release him on bail in this kind of
                   offence which shakes the social fabrics. Even the allegation
                   of psychological illness of the complainant-victim does not
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       give the petitioner and his family members the handle to
       treat her like slave bereft of any mercy and human
       compassion. Therefore, I am not inclined to enlarge the
       petitioner on bail.
             In view of the above, this Bail Application is
       accordingly dismissed. However, the petitioner will be at
       liberty to raise all the points, already raised in this petition,
       at the time of framing of the charge, which will be
       considered by the trial court concerned by passing a
       reasoned order. It is further made clear that any of the
       observations made in this judgment shall not come in the
       way of a fair trial of the case, nor shall the trial Court be
       influenced by these observations.
             Learned counsel for the parties may utilize the soft
       copy of this order available in the High Court's website or
       printout thereof at par with the certified copies in the
       manner prescribed vide Court's Notice No.4587 dated
AKK/   25.03.2020.
LNB/
AKP



                                             ............................
                                             S.K. Panigrahi, J.