Sangram Gouda vs State Of Odisha …….. Opposite Party on 23 December, 2024

Orissa High Court

Sangram Gouda vs State Of Odisha …….. Opposite Party on 23 December, 2024

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           BLAPL No.8988 of 2024

            Sangram Gouda                            ........   Petitioner
                                              Mr. Jnyanananda Panda, Adv.

                                 -versus-
            State of Odisha                   ........ Opposite Party
                                                  Mr. M.K. Mohanty, ASC
                       CORAM:
                       DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

23.12.2024
Order No.

02.

            F.I.R. Dated        Police        Case No. and Sections
            No.                 Station       Courts' Name

            0561   14.06.2024 Bhanjanagar     S.T.      Case U/s-
                                              No.163       of 376/324/294/506
                                              2024            of IPC
                                              corresponding
                                              to
                                              Bhanjanagar
                                              P.S.      Case
                                              No.561       of
                                              2024 pending
                                              in the court of
                                              learned
                                              Additional
                                              Sessions
                                              Judge,
                            2




                                     Bhanjanagar

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the Parties.

3. The Petitioner being in custody in connection with S.T.

Case No.163 of 2024 corresponding to Bhanjanagar P.S. Case

No.561 of 2024 pending in the court of learned Additional

Sessions Judge, Bhanjanagar, registered for the alleged

commission of offences under Sections 376/324/294/506 of

IPC, has filed this petition for his release on bail.

4. The brief facts of the prosecution case is that on 14.06.2024

at about 11 A.M., the victim and one co-villager were going to

jungle for collecting mushroom. The Petitioner called the

victim by her name to help him lifting the wood. The victim

went there, but she saw that there was no wood. When the

victim was returning, the Petitioner pulled her by dragging

her hair and also tore away her wearing apparels. The

Petitioner made the victim fall on the ground and removed

his clothes. The Petitioner forcibly squeezed her breast for

which the victim sustained nail abrasion on her chest. The

Petitioner also tore away the pant of the victim and molested

her. When the victim shouted, the Petitioner gave a bite on
3

his right hand and when the victim tried to escape, the

Petitioner pressed her neck. The Petitioner also threatened

her to kill, if she disclosed the matter to anybody.

5. Learned counsel for the Petitioner submits that the

Petitioner has been falsely implicated in this case and he is

no way connected with the offences as alleged by the

prosecution in any manner. Hence, he submits that the

Petitioner may be enlarged on bail.

6. Learned counsel for the State submits that the Petitioner is

alleged to have been involved in heinous crime. He further

submits that the statement of the victim recorded under

Section 164 of Cr.P.C. reveals that prima facie case is well

made out against the present Petitioner for commission of the

alleged offences. The statement of the victim recorded under

Section 164 of Cr.P.C. is extracted hereunder:

“He has pressed my neck and also scratched my
chest. he pushed me down and tore my clothes. I screamed
to escape from his clutches but no one could hear. He sat on
my stomach and took my modesty by inserting his penis
into my vagina. He raped me for five minutes. When the
white liquid came out of his penis, he put it on my dress and
wiped it off. I cried out loudly. After some time, three
people namely Khadala Goud, Sola Nayak and Tuna Nayak
reached there and asked who was crying here. I told them
that Sangram Goud had forced himself on me and raped me.
My clothes are torn and how can I go home. I showed him
my torn clothes. Khadal Goud gave me his towel and I put it
4

on and came home with them. After reaching our house,
Khadal Goud took his towel and ran awa.”

Hence, he vehemently opposes the prayer for bail.

7. Considering the nature and gravity of the accusation,

character of evidence appearing against the Petitioner, the

stringent punishment provided and that there are reasonable

grounds for believing that the Petitioner is not guilty of the

offence alleged or not likely to commit any such offence,

which is not possible to record in this case, the prayer for bail

is devoid of merit. Hence, his prayer for bail stands rejected.

8. The BLAPL is accordingly, dismissed.

(Dr. S.K. Panigrahi)
Judge
Sumitra

Signature Not Verified
Digitally Signed
Signed by: SUMITRA NAYAK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Dec-2024 14:18:44