Allowed

Ranjan Naik v. State of Odisha

Orissa HC10 Dec 2021BLAPL/6126/2020

Case brief

AI extract

What is this about?

The Court granted bail to the petitioner, Ranjan Naik, who was in custody facing charge for offences under Section 376 IPC and POCSO. The Court relied on a victim affidavit indicating the matter was compromised and accepted the petitioner's family relationship with the child, allowing release despite the minor's status.

What did the court decide?

Petitioner released on bail with conditions to appear before the trial court on each date of case posting.

Ranjan Naik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.6126 of 2020

Ranjan Naik

Petitioner

Mr. S.R.Mulia,

Advocate

-versus-

….
State of Odisha Opposite Party
Mr.M.K.Mohanty,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
10.12.2021.
Order No.
8 1. This matter is taken up through hybrid mode.

¶9

Heard Mr. S.R.Mulia, learned counsel for the Petitioner and Mr.M.K.Mohanty, learned Addl. Standing Counsel for the State.

¶10

Notice on the victim having been served and an affidavit has been filed indicating that the matter has already been compromised. However, it is seen that the Petitioner is in custody since 2^nd September, 2019 in connection with

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// 2 //

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Thakurgarh P.S. Case No.85 dated 30^th August, 2019 corresponding to Special (P) Case No.51/2019 of the court of learned Special Judge, POCSO, Angul for the alleged commission of offence under Sections 376 (2) (n)/376(3)/417 of I.P.C. read with Section 6 of POCSO Act. It is alleged that the Petitioner kept physical relationship with the victim on the pretext of marriage, but did not fulfil his promise and thereafter went away to Chennai. It is submitted by the learned counsel for the Petitioner that the relationship is purely consensual and only because the Petitioner left for Chennai in search of employment, F.I.R. was lodged against him.

¶14

Learned Addl. Standing Counsel, on the other hand, opposed the prayer for bail by submitting that the victim being a minor at the time of occurrence her consent is of no consequence.

¶15

The submissions made by the learned counsel for the Petitioner find ample support from the affidavit filed by the victim wherein it is stated that on the intervention of the family members, the Petitioner has availed to accept the victim as also her child.

¶16

Having regard to the submissions as above and the period of detention already undergone, this Court is inclined to allow the application for bail.

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Let the Petitioner-Ranjan Naik, S/o.Dolagobinda Naik, be released on bail on such terms and conditions as may be fixed by the court in seisin of the matter including the condition that he shall personally appear before the trial court on each date of posting of the case without fail.

¶20

The BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper

¶22

application.

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(Sashikanta Mishra)
AKB Judge

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Ranjan Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ranjan Naik v. State of Odisha

Case brief

What is this about?

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