Allowed

Ananda Bhuyan @ Bhian v. State of Odisha

Orissa HC19 Mar 2021BLAPL/316/2020

Case brief

AI extract

What is this about?

The High Court granted interim bail to the accused charged under IPC 376 and POCSO. Considering eight witnesses examined out of twenty-five and detention duration, the court released the petitioner on bail for two months subject to sureties and non-tampering conditions.

What did the court decide?

Petitioner released on interim bail for two months upon furnishing a bond of Rs.50,000 with two local solvent sureties and abiding by conditions against tampering with evidence.

Ananda Bhuyan @ Bhian Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

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BLAPL No. 316 of 2020

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Ananda Bhuyan @ Bhian ……. Petitioner

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-Vrs.- State of Odisha ……. Opp. Party

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19.03.2021 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. in connection with T.R. Case No.47 of 2017 arising out of Laikera P.S. Case No.171 of 2017 pending in the Court of learned Addl. Sessions Judge -cumSpecial Judge, Jharsuguda for offences punishable under sections 376(2)(i)/376(2)(n) 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 learned Special Judge, Jharsuguda which was rejected on 06.01.2020.

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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 23.11.2017 and while rejecting the last bail application of the petitioner in BLAPL No.6064 of 2019 as per order dated 17.09.2019, this Court observed that if there was no progress in the trial till December 2019, the petitioner can renew the prayer for bail.

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As per the order dated 26.02.2021, learned trial Court has sent the status report which indicates that eight witnesses have been examined out of twenty five charge sheet witnesses and the learned State defence

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counsel is cooperating with the trial and the case would be disposed of during the second quarter and that the victim has already been examained.

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In view of the available material on record, the nature and gravity of accusation particularly the statement of the victim, while not inclining to release the petitioner on bail on merit but keeping in view the period of detention of the petitioner in judicial custody and the progress of the trial so far, I am inclined to release the petitioner on interim bail for a period of two months from the date of release. The petitioner shall surrender before the learned trial Court immediately on the expiry of two months period.

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For the aforesaid period, let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper. The petitioner shall not try to tamper with the prosecution evidence in any manner.

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Violation of any of the terms and conditions shall entail cancellation of interim bail.

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The BLAPL is accordingly disposed of.

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

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Sisir

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…………………..……

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S.K. Sahoo, J.

Ananda Bhuyan @ Bhian v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ananda Bhuyan @ Bhian v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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