SUKHINDAR SINGH GARCHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 438 of the Cr.P.C. The petitioner happens to be the accused in G.R. Case No. 149 of 2014 of the Court of the S.D.J.M., Sambalpur, arising out of Sambalpur Mahila P.S. Case No. 03 of 2014.

(2.) The petitioner happens to be a retired Captain of the Indian Army. His wife has brought allegations against him of torture and various other offences, for which a case under Sections 498A, 376, 511, 506, 354 of the IPC, Section 25 of the Arms Act and Section 66A of the I.T. Act has been registered. It is borne out from the records that on an earlier occasion, the informant has filed a similar FIR, which was registered as Ainthapali P.S. Case No. 132 of 2012. The allegations were almost similar in both the FIRs except the fact that the informant has developed a further story that her father-in-law has made an attempt to rape her, for which a case under Section 376/511 of the IPC has been added. Additionally, it is seen from the records that the informant further alleged that she came across with certain video CDs. which show that the petitioner was having sexual intercourse with another woman and in another C.D., he was outraging the modesty of a girl. It is stated by the informant that the girl and the woman in the C.D. are the employees of the petitioner and he was taking undue advantage of their employment, for which the petitioner is booked for the alleged offences as stated above.

(3.) It is borne out from the records that as per the order dated 20.03.2014 passed in BLAPL No. 2355 of 2014, the co-accused, who happens to be in the same footing and as against whom an offence punishable under Section 376/511 of the IPC has been said to have been registered, has been granted anticipatory bail by this Court.