Dismissed

Birendra Gagarai v. State of Odisha

Orissa HC3 Nov 2021ABLAPL/4472/2021

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed a petition for pre-arrest bail filed by the petitioner in a case involving alleged offences against a 14-year-old girl. The court rejected the bail plea due to the victim's age and the gravity of the accusation.

What did the court decide?

Petition for pre-arrest bail dismissed; petitioner directed to surrender and move for bail before the court in seisin.

Birendra Gagarai Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.4472 of 2021

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Birendra Gagarai.

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Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

03.11.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Deogarh P.S. Case No.74 of 2021, registered for alleged commission of offences punishable under Sections 363, 354 and 509/34 of IPC, has filed this petition for his release on pre-arrest bail.

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

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From the prosecution allegation, it appears that victim in this case is a girl of fourteen years old. When she was returning from school to her home, on the way, three young men came in a motorcycle obstructed her and then one of them stated to be taking her forcibly towards the nearby mango tope pulling her hand. However, at that time when her mother arrived, he fled away leaving the victim.

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Learned counsel for the petitioner submits that the victim was in love with the petitioner and the allegation has been made being guided by the instinct of self-preservation as her mother arrived in the spot. Hence, he be released on pre-arrest bail.

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However, the learned counsel appearing for the State would oppose the prayer for pre-arrest bail drawing the notice of this Court to the allegation and age of the victim.

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Considering the age of the victim, so also the nature and gravity of accusation, this Court is not inclined to release the Petitioner on pre-arrest bail accepting the submission made by the learned counsel for the petitioner. Hence, the same stands rejected. But, it is open to the petitioner to surrender and move for bail before the Court in seisin over the matter and in that event, the Court in seisin over the matter shall dispose of his bail application on its own merit as expeditiously as possible preferably on the same day.

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Accordingly, the ABLAPL stands disposed of being dismissed.

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Interim order dated 12.08.2021 stands vacated.

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(S. Pujahari) Judge

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MRS

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Birendra Gagarai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Birendra Gagarai v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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