Allowed

Kangali Behera v. State of Odisha

Orissa HC27 Apr 2021BLAPL/403/2021

Case brief

AI extract

What is this about?

The High Court of Orissa heard a bail application under section 439 Cr.P.C. Despite rejecting immediate bail due to the gravity of offences involving minor victims, the court directed the trial court to expedite proceedings and examine victims with police assistance. The petitioner was permitted to renew the bail application post-examination.

What did the court decide?

Expedited trial and victim examination directed; petitioner conditionally allowed to renew bail prayer after victim examination.

Kangali 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. 403 of 2021

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Kangali Behera …. Petitioner

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Mr.Gyanaloka Mohanty, Advocate

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-versus-

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State of Odisha & another

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…. Opp. Parties

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Mr.D.K.Pani,

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Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

27.04.2021

This matter is taken up by video conferencing mode.

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Notice on the informant is made sufficient.

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None appears on behalf of the informant

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

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This is an application for bail under section 439 of Cr.P.C. in connection with Abhayachandpur P.S. Case No.66 of 2020 corresponding to Spl. G.R. Case No. 51 of 2020 pending in the file of learned Addl. Sessions Judge – cum- Special Judge, Jagatsinghpur for alleged commission of offences under sections 363, 366, 376AB, 506 of the Indian Penal Code and section 6 of POCSO Act.

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// 2 //

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The prayer for bail of the petitioner was rejected by the learned Special Judge, Jagatsinghpur vide order dated 20.11.2020.

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In view of the 164 Cr.P.C. statements of the two victims, who are aged about ten years and seven years respectively and the nature and gravity of accusation, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and at the first instance take steps for examination of the victims and for ensuring the attendance of the victims, the learned trial Court shall take the assistance of the Inspector in-charge of Abhayachandpur Police Station.

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The petitioner is at liberty to renew his prayer for bail after examination of the victims in the trial Court.

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The BLAPL is accordingly disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No. 4587 dated 25^th March 2020 as modified by Court’s Notice No. 4798 dated 15^th April 2021.

( S.K. Sahoo)

Judge

PKSahoo

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Kangali Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kangali Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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