Allowed

M. Dilip v. State of Odisha

Orissa HC18 Aug 2021BLAPL/1489/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed by M.Dilip in a cognizable offence case involving sexual assault and cruelty under IPC and POCSO. Based on a DNA report indicating the petitioner was not the biological father of the victim's child, the court ruled to release him on bail with bond and sureties.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.50,000 with two local solvent sureties each for Rs.50,000, subject to conditions not to contact the victim or tamper with evidence.

M. Dilip 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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BLAPL No.1489 of 2021

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M.Dilip …. Petitioner

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Mr.J.Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr.P.K. Mohanty, Addl.Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

18.08.2021

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

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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 of Cr.P.C. for grant of bail to the petitioner in connection with R. Udayagiri P.S. Case No.40 of 2020 corresponding to G.R. Case No. 18 of 2020 pending in the Court of learned Addl. Sessions Judge –cumSpecial Judge, Paralakhemundi for alleged commission of offences under sections 376(2)(h)(n) and 506 of the Indian Penal Code and section 6 of POCSO Act.

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The petitioner moved an application for bail before the Court of Addl. Sessions Judge –cum-

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// 2 //

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Special Judge, Paralakhemundi, which was rejected on 01.02.2021.

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Considering the submissions of the learned counsel for the petitioner that the petitioner is in judicial custody since 06.07.2020, charge sheet has already been submitted for commission of offences under sections 376(2)(h)(n) and 506 of the Indian Penal Code and section 6 of POCSO Act and after going through the 164 Cr.P.C. statement of the victim placed by the learned counsel for the State and the D.N.A. test report in which it is mentioned that the victim is the biological mother of the new born male child but the petitioner is not the biological father of the new born male child, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not try to keep any contact with the victim, shall not tamper with the evidence and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

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BLAPL is accordingly disposed of.

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Page 2 of 3

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// 3 //

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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PKSahoo

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Page 3 of 3

M. Dilip v. State of Odisha

Case brief

What is this about?

What did the court decide?

M. Dilip v. State of Odisha

Case brief

What is this about?

What did the court decide?

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