The rejection of a successive bail application requires substantial changes in circumstances and considers the gravity of the accusations and the potential influence of the petitioner.

JUDGMENT :

S.K. Sahoo, J.

This is the second successive bail application of the petitioner Faiz Rehman before this Court in connection with Dhenkanal Sadar P.S. Case No.539 of 2018 corresponding to C.T. Special (POCSO) No.79 of 2018 pending in the Court of learned Special Judge (POCSO ), Dhenkanal in which charge sheet has been submitted under sections 354-A, 341, 323, 294 and 506 of the Indian Penal Code, section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO Act') and section 42 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter 'JJ Act').

2. The first bail application of the petitioner in BLAPL No.7760 of 2018 was rejected on 22.02.2019 on the ground that the petitioner is a moneyed man and an influential person and once he is released on bail; there is every possibility of tampering with the evidence particularly when the victims are from poor families. It was further observed that the crime committed in the case against the victims is not acceptable in a civilized society and it has its far-reaching effect and affects the peaceful life of the society. The manner in which a number of poor girl students taking shelter in the Centre were sexually abused, physically and mentally tortured, harassed and humiliated for years together in the hands of licentious persons and threatened to be ousted from the Centre in case of their protest or disclosure before anybody, the nature and gravity of the accusation and prima facie material on record showing the involvement of the petitioner in the commission of offences were taken into account while rejecting the bail application.

3. One Pratap Kumar Acharya, Chairperson, Child Welfare Committee, Dhenkanal, Odisha lodged the first information report before the Inspector in charge, Sadar Police Station, Dhenkanal annexing the application given by some of the children of Good News India Dream Centre, Beltikiri (hereafter 'Centre') wherein it is mentioned that they have been physically tortured by the staff of the Centre and some of the girl children have been sexually abused by the petitioner Faiz Rehman who was Chairman of the Centre. There were altogether six teaching staffs who were working in the centre and the children were prosecuting their studies in different schools while staying in the Centre. The co-accused Udit Kumar Lima was the Asst. Project Director of the Centre and he along with one Rani Didi were using abusive language against the inmates and assaulting them and they were also threatening to assault the inmates by means of shoes. It is further stated that the petitioner Faiz Rehman was hugging and kissing the girls students and whenever they were raising any objection or protest, he was threatening them to oust from the Centre.

4. The Inspector in charge of Sadar police station, Dhenkanal registered the case under sections 354-A, 341, 323, 294, 506 read with section 34 of the Indian Penal Code and section 10 of the POCSO Act and took up investigation of the case. On 02.12.2018 Mr. Subash Chandra Sahoo, D.S.P., IUCAW, Dhenkanal took up investigation of the case as per the direction of Superintendent of Police, Dhenkanal. During course of investigation, he visited the spot and it came to light that the petitioner Faiz Rehman after his schooling in Kolkata, left for USA in 1972 for higher studies. Though he belonged to Muslim community but later on he converted to Christianity. During his stay at USA, he came in contact with some NGO and after coming back to India, he formed an organization which was working in the name of Happy and Holy Home Society in Salagadia, Nayagram in the district of West Medinapur which was registered under West Bengal Societies Registration Act, 1961. He started a hostel at Amalapada, Angul in the year 2008 which was shifted to Dhenkanal town in the year 2012. The District Child Protection Officer (DCPO) and Chairperson, CWC, Dhenkanal inspected the hostel and found some deficiencies for whic