INDRAJEET ROY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, presently holding a high office as the Advocate General of Orissa, by filing the present petition under Section 438, Cr.P.C. has prayed that in the event of arrest by the Police in a case instituted by one Anjana Misra (hereinafter referred to as 'prosecutrix') under Sections 354 and 376/511, IPC, he may be ordered to be released on bail.

(2.) For better appreciation of the case, a few facts need be stated. The prosecutrix, wife of an I.F. S. (Indian Forest Service) officer and daughter of a retired Chief Engineer, has been staying in 'Basundhara', a place of shelter for destitutes situated in Cuttack town. Her merital abode is in troubled water for quite some time. It is alleged that she has been subjected to constant torture, both mentally and physically, by her husband, husband's brother and other family members. Besides, her parents have also denied their love and affection and refused to give her shelter. She was got admitted in the Central Institute of Psychiatry, Kanko, by her husband with a view to create evidence that she was a mentally deranged lady, though in fact she was not. She remained in the said institute for a considerable time as in in-patient. After discharge from the hospital, no anxiety was shown by her husband to bring her back. At last it was State's Human Rights Protection Cell which extended its helping hand to the prosecutrix and brought her from the said institute and lodged in 'Basundhara'. Narrating a series of incidents of torture meted out to her, she lodged a written complaint to the D.l.G. of Police, Central Range, Cuttack, Annexure-5. Upon the said complaint a case under Sections 498-A, 307, 323 and 506, IPC and Section 4 of the Dowry Prohibition Act was registered and investigation commenced. It is stated that in the said case the prosecutrix's husband and husband's relations who were arrayed as accused, have been released on bail either under Section 438 or 439, Cr.P.C.When the matter stood thus, the second incident which is the subject-matter of the present proceeding occurred. It is the case of the prosecution that on 11-7-97 at about 2 P.M. the prosecutrix received a telephone call from her Advocate Pitambar Acharya who informed him that she should speak to the petitioner over phone. Thereupon she contacted the petitioner who asked her as to why she was not keeping touch with him and so saying he called her to his official residence for a discussion. Since she has been given shelter in 'Besundhara', she sought advice from its Secretary who told her that since the situation appears to be fishy, she should take somebody with her. Accordingly, being accompanied by a staff of 'Basundhara' she went to the petitioner's official residence where she, on the request of the petitioner, took her lunch. Thereafter being called, she went inside his bed-room where in course of conversation he outraged her modesty and attempted to ravish her. In the meanwhile as somebody knocked at the door, she could be able to wriggle out of the situation. Thereupon she lodged a written report at Cantonment Police Station which on being treated as F.I.R. a case under Sections 354 and 376/511, IPC was registered. In the meantime, a number of writ petitions came to be filed both by the prosecutrix as well as some social activists making various allegations. By a common order a Division Bench of the Court directed the investigation of the criminal cases to be taken up by the Central Bureau of Investigation (for short, 'C.B.I.'). Pursuant to the said order, a case bearing No. R.C. 7/5/97-Cal. under Sections 354 and 376/511, IPC has been registered and investigation has been taken up.

(3.) Shri Govind Das, learned Senior Counsel appearing for the petitioner, urged with usual fairness and sagacity that when the prosecutrix in her written report has named the petitioner to have committed the alleged crime and the said report on being treated as on F.I.R. by the C.B.I. investigation has commenced, there is reasonable apprehension that the petitioner may be arrested on accusation of having committed a non-bailable offence. He went on to argue that since the senior officials of the C.B.I. are investigating into the case, there is remote possibility of the petitioner interfering with the investigation by taking advantage of his position as Advocate General of the State. He also urged that the allegations as made in the F.I.R. are quite absurd and inherently improbable, inasmuch as at the relevant time when the Home Guard, Orderly peon and some carpenters were present in the house, it is difficult to believe that at their very presence the petitioner could dare to commit the alleged crime. Shri Das further submitted that the prosecutrix is a mentally deranged lady as reported by the Central Institute of Psychiatry, Kanke, and her behaviour is indicative of Paranoid make-up of personality. The report also reveals that she is grandiose in her talk, that she can do anything and every thing and even she can go to the extent of killing her husband and destroying his family. Referring to the F.I.R., Annexure-5 where the prosecutrix has alleged to have been sexually molested by her nephew at the instance of her husband, Shri Das contended that no sensible man could ever believe that such an incident could ever have happened. This is indicative of her behaviour and character that she can go to any extent of making false and frivolous accusations.