Tofan Sahu v. State of Orissa
Case brief
What is this about?
The bail application was dismissed as withdrawn on the petitioner's request, despite objections from the victim regarding an affidavit filed under duress due to threats.
What did the court decide?
Bail application dismissed as withdrawn; State directed to provide medical treatment and compensation to the victim; IO directed to protect victim.
What the court decided
BLAPL No.4033 of 2017
02.08.2017 HeardMr.Dalai, learned counsel for the petitioner, Mr.Mohapatra, learned counsel for
the informant and learned Additional Standing Counsel for the State.
2. The victim girl (Mamini Bisoi), in pursuance of the order dated 25.07.2017, is present
in Court along with her father. Sri J.Jena, Inspector-in-Charge of Badagada Police Station, w
ho is the I.O. of the case, is also present in Court.
3. The matter is taken up in the chamber on the request of the parties.
4. On being made query, the victim girl submits that she had filed the affidavit dated 12
.07.2017 being threatened by the present petitioner from the jail. Although she admits to have
filed the said affidavit but she does not admit the contents of the same. At this juncture, M
r.Dalai, learned counsel for the petitioner prays for withdrawal of the bail application.
5. Since the petitioner prays for withdrawal of the bail application, the same is dismiss
ed as withdrawn.
6. However, it appears that the victim girl has suffered from acid attack and she submits
that her treatment is going on. Learned Additional Standing Counsel for the State is directed
to inform the concerned Authority that the medical treatment of the victim girl should be met
ed out by State expenses and Victim Compensation be made available to her as per law.
7. Mr.Jena, the Investigating Officer of the case, who is present in Court, is directed t
o give full protection to the victim girl, her patents and other witnesses in this case in vie
w of her statement made in Court today. In the event of any threatening or any sort of coerciv
e measure taken by the present petitioner impeding fair trial,
the I.O. shall be at liberty to proceed against the petitioner in accordance with law.
A free copy of this order be supplied to the learned Additional Standing Counsel for c
ommunication and compliance.
2
Parties & counsel
- petitioner
Petitioner
- respondent
Mamini Bisoi
Case details
As recorded by the court registry
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