Allowed

Maheswar Dash v. State of Odisha

Orissa HC1 Nov 2021BLAPL/4579/2021

Case brief

AI extract

What is this about?

Single-judge order allowing bail to the petitioner under Section 439 Cr.P.C. in a POCSO case. Court directed release on bond with surety and imposed conditions regarding contact with victim and witness reporting.

What did the court decide?

Petitioner granted bail on furnishing bond of Rs. 40,000 with one surety, subject to conditions not to contact victim or witness and to report to P.S. monthly.

Maheswar Dash 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. 4579 of 2021

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Maheswar Dash

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…. Petitioner

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Mr. Daitari Pradhan, Advocate -versus-

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State of Odisha

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Opposite Party Mr.P.K.Mohanty, ASC and Mr. Achyutananda Pattanaik for the Informant

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CORAM:

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JUSTICE R.K.PATTANAIK

Order No.

ORDER

01.11.2021

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State as well as learned counsel Mr. Achyutananda Pattanaik present on behalf of the informant.

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This is a petition under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Begunia P.S. Case No.120 of 2020 corresponding to T.R. Case No. 31 of 2021 pending in the court of learned Addl. Dist.& Sessions Judge-cumSpecial Judge(POCSO), Bhubaneswar.

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2. Perused the F.I.R. and other annexed documents.

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As per the F.I.R, the complainant father alleged that while they had gone to neighbour’s house on 5.6.2020, their minor daughter aged about 16 years was kidnapped by some unknown miscreant in a car. In the F.I.R. the complainant described an earlier incident dated 1.3.2020 during which the petitioner alleged to have passed comments on the victim girl which she had objected but then, was assaulted by him and for

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the said incident, a meeting was called in presence of the Ward Member and village gentries.

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Perused the statement of the witnesses recorded under Section 161 of Cr.P.C. as at Annexure-2 series and also the medical examination report vis-à-vis the victim.

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Learned counsel for the petitioner submits that the victim was in the company of the accused for about six months and both stayed together under one roof and lastly, she was rescued by the police. It is also contended that both the parties were in a relationship as is made to understand from the materials on record. It is also claimed that no resolution of the dispute between the parties could be reached at and as per the information received, the victim girl is already engaged and her marriage has been fixed at another place. An affidavit dated 24.09.2021 is filed by the petitioner himself which is perused by the Court. It is, thus, contended that under the above circumstances, the petitioner should be granted bail.

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Learned counsel for the State opposed release of the Petitioner on bail.

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As per the submission of the learned counsel for the petitioner, the investigation is over and the case has ended in submission of charge sheet. In the meantime, as apprised to the Court, the petitioner was on interim bail with a direction to solve the dispute with the family of the victim according to the court’s order dated 18.08.2021. It is submitted that the after the interim bail period, the Petitioner has surrendered before the court below and he is presently in custody.

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Having regard to the materials on record and the fact that the petitioner is in custody since January, 2021 and the fact

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that the charge sheet is already filed, in the meantime and taking into account the statements of the witnesses recorded under Section 161 Cr.P.C. suggesting that the parties to have had acquaintance, the Court is of the considered view that the petitioner should be granted bail with condition.

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In the result, the petition stands allowed. Consequently, it is directed that the petitioner be released on bail on furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below in seisin over the matter with conditions that he shall not contact the victim or terrorize her or influence any of the material witnesses, while on bail and shall report at P.S. once in a month without fail; and in the meantime, to conduct himself properly.

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The BLAPL is accordingly disposed of.
11. An urgent certified copy of this order be issued as per
rules.
(R.K.Pattanaik)
km Judge

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Maheswar Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

Maheswar Dash v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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