II. Kalandi Charan Lenka v.

State of Odisha
Case Brief
Case Name- Kalandi Charan Lenka v. State of Odisha
Court- High Court of Orissa

Judge Bench- Hon'ble Dr. Justice D.P. Choudhury

Case Type- Criminal Appeal
Subject- Criminal
Final Decision- Appeal dismissed.

Details: -

S. No. Particular Details

1.
Case Name Kalandi Charan Lenka …Appellant
Versus
State of Odisha …Respondent
(Through Ms. Ashaa Tiwari, APP with ACP K.P. Kukreti)
2.
Relevant BLAPL No.7596 of 2016
Citations

3.
Statute Referred  Indian Penal Code, 1860
(Section 292, 294, 354-A, 354-D, 465, 469, 506, 507, 509)

 Criminal Procedure Code

(Section 439)

 Information Technology
(Section 66-C, 66-D, 67, 67A, 67B)
4. Relevant Facts and
Issues A brief narration of the facts: -

1. The case revolves around a female student studying at

Pattamundai Women's College. She is the second daughter in
her family, with her older sister being mentally retarded. The
case begins with the victim receiving obscene messages on
her mobile phone, which tarnished her character. This
harassment followed earlier instances where similar
messages were sent to her father's phone. These messages
caused significant emotional distress to the victim.
 2. During the years 2015-2016, the victim's father received
written letters containing vulgar language and character
defamation. These letters were laced with sexual remarks and
had a clear intent to degrade the victim's character. Some
messages even insinuated that other men were interested in
engaging in sexual activities with the victim.
3. The situation escalated when a pamphlet defaming the
victim's character was found posted on the hostel wall where
she resided. This led her to change her place of study, but the
harassment continued as pamphlets with sexual remarks
appeared wherever she went.
4. The torment reached its peak when a fake Facebook account
was created in the victim's name. This account was used to
share morphed naked photographs of the victim, clearly
intended to outrage her modesty. Faced with this relentless
harassment, the victim had no choice but to report the
matter to the police in writing.
5. The Cyber Cell of the Crime Branch initiated an investigation
into the case. Witnesses were examined, and various service
providers were contacted to trace mobile numbers and IMEI
numbers associated with the harassment. The victim was
interviewed under Section 164 of the Criminal Procedure
Code (Cr.P.C).
6. The prime suspect in this case is the petitioner, who had
previously proposed marriage to the victim. However, when
the proposed marriage did not materialize, the petitioner
became the focal point of suspicion. The petitioner is accused
of transmitting obscene letters, sending scandalous emails,
and publishing defamatory pamphlets with the intent to
harm the victim's character. It is also alleged that the
petitioner had an ulterior motive of intimidating the victim
for sexual exploitation.
7. As a result of the ongoing investigation by the Cyber Cell, the
petitioner was arrested and presented in court to face the
charges against him. The investigation continues to unfold.

5. Held in the case

The High Court’s decision: -

1. In this case, the Hon'ble Court considered a bail

application under Section 439 of the Criminal Procedure
Code (Cr.P.C.) and made several key determinations. They
were:
(a) While granting bail the court has to keep in mind not only the
nature of the accusations, but the severity of the
punishment, if the accusation entails a conviction and the
nature of evidence in support of the accusations.
(b) Reasonable apprehensions of the witnesses being tampered
with or the apprehension of there being a threat for the
complainant should also weigh with the court in the matter
of grant of bail.
(c) While it is not expected to have the entire evidence
establishing the guilt of the accused beyond reasonable
doubt but there ought always to be a prima facie satisfaction
of the court in support of the charge.
(d) Frivolity in prosecution should always be considered and it is
only the element of genuineness that shall have to be
considered in the matter of grant of bail, and in the event of
there being some doubt as to the genuineness of the
prosecution, in the normal course of events, the accused is
entitled to an order of bail.

2. The victim's statement provided a backdrop to the case,

highlighting a series of distressing incidents. These
included threatening messages, the creation of a fake
Facebook account containing explicit images, and
attempts to defame her in her college and hostel.
3. The victim mentioned a prior relationship with the
petitioner, who had access to her home and had once
proposed marriage. However, she had treated him like a
brother and even tied a rakhi.
4. The court acknowledged that the petitioner had allegedly
committed multiple offenses under the Information
Technology Act (I.T. Act) through electronic means. These
offenses included stalking and transmitting explicit or
obscene material.
5. The court cited the Sharat Babu Digumarti v. Govt. of NCT
of Delhi case, emphasizing that the I.T. Act constituted a
special provision for electronically committed offenses,
taking precedence over similar offenses under the Indian
Penal Code (I.P.C.).
6. While many of the alleged offenses were bailable, the
court took into consideration the petitioner's lack of
criminal history, the duration of his custody, and the
nature of the evidence.
7. However, the court also emphasized the critical need to
safeguard the victim's dignity and rights, especially in
cases involving stalking, fake online accounts, and explicit
content dissemination.
8. Consequently, the court granted bail to the petitioner but
imposed strict conditions to ensure the victim's
protection. These conditions included a specified bail
amount, the provision of sureties, reporting to the
Investigating Officer, refraining from committing any
 offenses, not intimidating the victim or witnesses, and
avoiding certain areas linked to the victim.

6. Cases Referred In the case at hand, the Hon'ble Court referred to the precedent set
by the Supreme Court of India in Chaman Lal v. State of U.P.; (2004)
7 SCC 525. This reference was made to provide a framework for
assessing bail applications and considering the various factors
involved in such cases.

In the Chaman Lal case, the Supreme Court laid down specific factors
that should be taken into account when evaluating bail applications:
(a) Nature of Accusation: The first factor to be considered is the
nature of the accusation made against the petitioner. In other
words, the court must weigh the seriousness and gravity of
the charges brought against the accused individual. This
factor helps in assessing the potential harm or threat posed
by the accused if released on bail.
(b) Severity of Punishment: The court should also examine the
severity of the punishment that the accused may face if
convicted. This factor is crucial in determining the risk
associated with releasing the accused, especially when the
potential punishment is substantial.
(c) Character of Supporting Evidence: Another vital aspect to
consider is the quality and strength of the supporting
evidence presented by the prosecution. Strong and
compelling evidence may tilt the balance against granting
bail, as it suggests a higher likelihood of conviction.
(d) Reasonable Apprehension: The court must assess whether
there is a reasonable apprehension of tampering with
witnesses or threats to the complainant if the accused is
released on bail. This factor aims to safeguard the integrity of
the trial process and ensure the safety of witnesses and
victims.
(e) Prima Facie Satisfaction: Lastly, the court should be prima
facie satisfied with the evidence and material presented in
support of the charges. This means that there should be a
reasonable basis for believing that the accused committed
the alleged offenses.
By referencing the Chaman Lal case, the Hon'ble Court in the present
matter demonstrated its commitment to adhering to established
legal principles and ensuring a balanced and fair assessment of the
bail application. These factors serve as guidelines for evaluating the
petitioner's eligibility for bail, taking into account the seriousness of
the allegations and the potential consequences of release pending
trial.