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Digambar Maharana Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

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Orissa HC
2021
Digambar Maharana Vs State of OdishaDigambar Maharana v. State of Odisha

Allowed

Digambar Maharana v. State of Odisha

Orissa HC24 Dec 2021ABLAPL/14406/2021

Case brief

AI extract

What is this about?

In an application for pre-arrest bail, the Court considered the victim's statement recorded under Section 164 Cr.P.C., which alleged no overt act by the petitioner, and granted bail subject to cooperation with the investigation.

What did the court decide?

The Court directed that the petitioner be released on bail by the arresting officer on such terms and conditions as deemed just and proper.

What the court decided

AI extract

Outcome

The Court directed that the petitioner be released on bail by the arresting officer on such terms and conditions as deemed just and proper.

Issue for consideration

Whether the petitioner's apprehension of arrest justifies the grant of pre-arrest bail given no overt act is alleged.

Detailed headnote1 paragraphs

In an application for pre-arrest bail arising out of offences under Sections 363, 511, 354 IPC read with Section 34 IPC and Section 8 POCSO Act, the Court granted bail noting that the victim's statement recorded under Section 164 Cr.P.C. contained no allegation of an overt act by the applicant. The release is subject to conditions including cooperation with the investigation.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14406 of 2021

Digambar Maharana

Petitioner

-versus-

State of Odisha

…. Opposite Party

CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

24.12.2021

This matter is taken up through hybrid mode.

The Petitioner apprehending his arrest in Gania P.S. Case No.65 of 2021 registered for alleged commission of offences punishable under Sections 363, 511, 354 read with Section 34 of the I.P.C. and Section 8 of the POCSO Act, has filed this petition for his release on pre-arrest bail.

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

Considering the statement of the victim recorded under Section 164 of Cr.P.C., as placed by the learned counsel for the State, wherein no overt act alleged against the Petitioner, this Court is of the view that the Petitioner has made out a case for his release on pre-arrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has

Page 1 of 2

// 2 //

DA

no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

Hence, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper including the condition that he shall cooperate with the investigation.

The ABLAPL is, accordingly, disposed of being
allowed.
7. Urgent certified copy of this order be granted on proper
application.
(S. Pujahari)
Judge

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner's apprehension of arrest justifies the grant of pre-arrest bail given no overt act is alleged.

Statutes considered

3 provisions across 3 enactments

AI extract

Cr.P.C.Section 164
I.P.C.Sections 363, 511, 354
POCSO ActSection 8

Parties & counsel

AI extract

applicant
Digambar Maharana
respondent
State of Odisha

Coram

AI extract

S. PUJAHARI

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 24 Dec 2021 · December
Registered: 2 Nov 2021
Case no.: ABLAPL/14406/2021
CNR: ODHC010739862021
Topic: Child Sexual Offences (POCSO)
Bench: S.pujahari
Disposal: Allowed

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Cite this judgement

Digambar Maharana v. State of Odisha, ABLAPL/14406/2021 (OD), decided on 24 December 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Cr.P.C.Section 164
I.P.C.Sections 363, 511, 354
POCSO ActSection 8

View all statutes

Bench / Coram

S. PUJAHARI

Parties & counsel