Dismissed

Niraj Kumar Soni v. State of Odisha

Orissa HC20 Mar 2019BLAPL/1434/2019

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's bail application under section 439 Cr.P.C. Despite the victim's alleged voluntary involvement and a co-accused's release, the Court denied bail citing the gravity of accusations, the victim's statement of torture and sale, and ongoing investigation.

What did the court decide?

The prayer for bail of the petitioner is rejected. The petitioner is at liberty to renew the prayer after submission of the charge-sheet.

Niraj Kumar Soni Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2019)

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BLAPL No. 1434 of 2019

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20.03.2019 Mr. Devashis Panda, learned counsel files consent memo from the earlier engaged counsel for the petitioner which is taken on record.

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Uditnagar P.S. Case No.152 of 2018 corresponding to G.R. Case No.1203 of 2018 pending in the court of learned S.D.J.M., Rourkela for alleged commission of offences under sections 363, 366, 342, 506, 323, 324, 376(2)(n), 368, 370, 420, 120-B/34 of the Indian Penal Code.

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The prayer for bail of the petitioner has been rejected by the learned 1^st Addl.Sessions Judge, Rourkela by order dated 16.01.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 31.12.2018. The victim girl was major at the time of alleged occurrence and she voluntarily accompanied the co-accused persons from place to place and the medical examination report also falsifies any rape on her and one of the co-accused, namely, Sajana @ Saraswati Naik has been released on bail in BLAPL No. 471 of 2019 vide order dated 25.02.2019 and the case against the petitioner may at best attract the ingredients of the offence under section 342 of the Indian Penal Code and therefore, the bail application of the petitioner may be favourably considered. Copy of the bail order in respect of the co-accused is filed, which is taken on record.

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Learned counsel for the State has produced the case diary and placed the statement of the victim, who narrated in

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detail from the beginning the overt-act committed by the petitioner at different stages. The victim’s statement indicates how she was sold to another person with cash of Rs.1,50,000/- who married her forcibly and how she was mentally and physically tortured by the petitioner. He submitted that further investigation relating to the involvement of the petitioner is under progress.

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In view of the statement of the victim, the nature and gravity of accusation and particularly when bail has been granted to the co-accused on the ground that she is a lady and further investigation is under progress, I am not inclined to release the petitioner on bail. The prayer

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for bail of the petitioner stands rejected.

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The petitioner is at liberty to renew his prayer for bail after submission of charge-sheet.

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BLAPL is accordingly disposed of.

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…………………..……

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PKSahoo

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S.K.Sahoo, J.

Niraj Kumar Soni v. State of Odisha

Case brief

What is this about?

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Niraj Kumar Soni v. State of Odisha

Case brief

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