Decided on May 18,2020

Vibhutee Kumar Gupta Appellant


S.K. Panigrahi, J. - (1.) The schools are temple and the teachers are God, is the faith in which students are nurtured in India. However, the popularity and trust evoked by these teachers mystify school administration, government authorities and Parents when allegations of sexual misconduct are made. The instant case narrates one such occurrence related to epidemic of sexual violence in Indian schools.
(2.) The present bail application is filed under Section 439 of Cr. P.C. by the petitioner, namely, Vibhutee Kumar Gupta who is in custody in connection with Bondamunda P.S. Case No. 27/2020 corresponding to G.R. Case No. 166/2020 registered for commission of an offence punishable under Sections 376, 294 and 506 of the IPC pending in the file of JMFC, Rural, Rourkela. The bail application filed by the petitioner before the 1st Additional District and Sessions Judge, Rourkela was rejected on 13.03.2020. Subsequently, the petitioner moved the instant bail Application before this Court.
(3.) The chronological background and the factual conspectus as recounted from the updated case diary, the statements of the victim recorded both U/s. 161 and Sec. 164 of the Cr.P.C. In the FIR, it has been alleged that on the date of the occurrence of offence i.e. on 08.12.2019, the victim had gone to Gyanodaya Vidyalaya where her younger brother Suraj Sharma was studying in Class-VI. The victim was also a former student of that School and now she is pursuing her +2 in NIOS. The Petitioner, the Principal-cum-Secretary of the School, called her to collect the Admit card of his younger brother on a Sunday. A few guardians were also present on that day, but they left some time after her arrival to the school. The petitioner then called the victim to his chamber and inappropriately touched her private parts and forcibly committed rape on her. He further threatened the victim of horrible consequences if the matter is disclosed before anybody. He further threaten that he would not spare his parents and her brother if the matter is leaked to anybody. Since then, the victim has been the receiving end of such warning calls/messages and the petitioner has been harassing the victim with blackmailing overtone to make the private photos viral in case of divulgence. The victim being a girl, could not muster courage to head on the mighty Petitioner instantly. Amidst the vertex of mental turmoil, after few days of the incident, she narrated everything to her mother and later she approached the Office of the Superintendent of Police (SP) with the aid of one of her family friends who is a social activist. The SP advised her to give written complaint to the Bondamunda Police Station on 24.02.2020 and accordingly she reported the matter before the said police station. Thus the wheels of investigation started moving. This aforesaid factual narratives amply reflect in her statement recorded U/s 164 Cr.P.C.;

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