Disposed

Babula Bisoi v. State of Odisha

Orissa HC26 Oct 2021BLAPL/3797/2019

Case brief

AI extract

What is this about?

This High Court disposed of an application for bail, granting liberty to the petitioner to move the trial court for bail after examination of the victim. The court directed the trial court to complete the trial expeditiously. Application disposed.

What did the court decide?

Liberty granted to petitioner to move for bail after examination of victim; direction to trial court for expeditious trial.

Babula Bisoi Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3797 of 2019

¶2

Babula Bisoi

¶3

…. Petitioner

¶4

Mr.Arijeet Mishra, Advocate

¶5

Versus

¶6

State of Odisha

¶7

…. Opp. Party Mr.K.K.Nayak, ASC

¶8

CORAM:

¶9

JUSTICE SAVITRI RATHO

ORDER

26.10.2021

Order No.

This matter is taken up through hybrid mode.

¶14

¶15

Heard Mr. Arijeet Mishra, learned counsel for the petitioner and Mr.K.K.Nayak, learned Addl. Standing Counsel for the State.

¶16

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Babula Bisoi in connection with Bhairab Singhpur P.S. Case No.32 of 2017 corresponding to T.R. Case No.181 of 2017 pending in the Court of the learned Addl. Sessions Judge-cum-Special Judge, Jeypore registered against the petitioner for commission of offence punishable under Sections 366/376 (2) (i)/376 (2) (n) of I.P.C. and Section 8 of the POSCO Act.

¶17

The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge-cum-Special Judge, Jeypore which was rejected on 04.02.2019.

¶18

Perused the report dated 25.2.2021 received from the learned Addl. Sessions Judge-cum-Special Judge, Jeypore wherein he has stated that the accused had been released on interim bail on

¶19

1 of 2

¶20

// 2 //

¶21

05.09.2019 and has surrendered before the learned court below after expiry of three weeks, i.e. on 26.09.2019.

¶22

Mr. Mishra, learned counsel for the petitioner states that the petitioner is in custody since 25.05.2017. Three witnesses have been examined in 2018, and thereafter, his prayer for bail was rejected on 4.2.2019. Four more witnesses have been examined by 04.02.2019. Thereafter the trial has been held up. Therefore, he prays that a direction may be issued to the learned trial court for early disposal of trial.

¶23

Mr. K.K.Nayak, learned Addl. Standing Counsel has no objection to the said prayer.

¶24

Considering the fact that the petitioner is in custody since 2017 and trial has held up after examination of nine witnesses, I request the learned Addl. Sessions Judge-cum-Special Judge, Jeypore, Koraput to complete the trial expeditiously, if there is no other legal impediment. Liberty is granted to the petitioner to move for bail after examination of the victim girl and her parents.

¶25

The BLAPL is accordingly disposed of.

¶26

Urgent certified copy of this order be granted as per rules.

¶27

(Savitri Ratho) Judge

¶28

Bichi

¶29

Page 2 of 2

Babula Bisoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babula Bisoi 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

Parties & counsel

Coram

Case details

Similar cases

Baya Jena Vs Kailash Naik

Rajen Kujur Vs State of Odisha

Umakanta Gandha @ Gandha Vs State of Odisha

Sk.Sabir Vs State of Orissa

Kanhu Charan Das Vs State of Odisha

Rola @Ajit Kumar Parida Vs State of Odisha