Dismissed

Paramananda Behera v. State of Odisha

Orissa HC10 Dec 2021BLAPL/2420/2019

Case brief

AI extract

What is this about?

Single-judge order dismissing the bail application of Paramananda Behera charged with sexual assault under Section 376 IPC and POCSO Act. The High Court, considering the victim's Section 164 statement and the nature of allegations involving a physically challenged minor, rejected bail while directing expeditious trial completion.

What did the court decide?

The bail application was dismissed. The trial court is directed to complete the trial expeditiously under Section 309 Cr.P.C.

Paramananda Behera 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. 2420 of 2019

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Paramananda Behera

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…. Petitioner Mr. Amitav Tripathy, Advocate

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-versus-

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State of Orissa & Anr.

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…. Opposite Parties Mr. S.S. Pradhan, AGA

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CORAM:

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JUSTICE SAVITRI RATHO

Order No.

ORDER

10.12.2021

The matter is taken up by hybrid mode.

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Heard.

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This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Paramananda Behera in connection with Chakapada P.S. Case No.35 of 2018 corresponding to C.T. Case No. 77 of 2018 pending in the Court of the learned Additional District & Sessions Judge-cum-Special Judge, Phulbani for commission of offence punishable under Sections 376 (3) of I.P.C. and 6 of the POCSO Act.

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The allegation against the petitioner is that the accused has committed a sexual assault on the victim in this case is handicapped (she has difficulty in talking) for which she has not been admitted in school and stays at home. The accused who is her neighbour and a middle aged man has committed sexual assault on her. When the informant saw him and shouted, he ran away.

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Mr. Amitav Tripathy, learned counsel for the petitioner states that the petitioner is in custody since 28.11.2018 and the date of birth of the victim is 19.10.1995 and she was aged above 18 years at the time of occurrence for which the offence under the POCSO Act is not attracted. He also submits that the medical report does not support the allegation of rape. He

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// 2 //

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finally submits that trial has started in this case and some witnesses have been examined for which the petitioner should be released on bail to enable him to prepare his defence.

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Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the victim is a physically challenged girl who and the petitioner is a middle aged man for which no indulgence should be shown to the petitioner and the prayer for bail should be rejected.

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The statement of the victim recorded under Section 164 Cr.P.C. had been called for I have gone through the same. She has stated that the accused has raped her.

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Considering the nature of allegations against the petitioner and the statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to release the petitioner on bail and reject the prayer for bail.

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The BLAPL is accordingly dismissed.

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Considering the fact that the petitioner is in custody since more than three years and the trial has commenced and some witnesses have already been examined, the learned trial court is directed to complete the trial expeditiously keeping in view the provisions of Section 309 Cr.P.C.

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A copy of this order be sent to the Addl. District and Sessions Judge

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-cum- Special Judge, Phulbani for compliance.

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Urgent certified copy of this order be granted on proper application.

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Page 2 of 3

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// 3 //

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Liberty is granted to the petitioner to move the learned court below afresh for bail after examination of the victim girl and her parents.

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Paramananda Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Paramananda Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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