The High Court of Orissa dismissed the bail application of Sudhansu Pradhan, the uncle of a 13-year-old victim accused of rape under the IPC and POCSO Act. The court refused bail due to the grave nature of allegations and the victim's age.
Bail application dismissed; trial directed to be completed expeditiously.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7780 of 2019
Sudhansu Pradhan
…. Petitioner
Mr.B.B.Das, Advocate
Versus
State of Odisha
…. Opp. party Mr.P.C.Das, ASC
CORAM:
JUSTICE SAVITRI RATHO
ORDER
02.11.2021
Order No.
This matter is taken up through hybrid mode.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Sudhansu Pradhan in connection with Daringibadi P.S. Case No.90 of 2017 corresponding to C.T. Case No.63 of 2017 pending in the Court of the learned Addl. District and Sessions Judge-cum-Special Judge, Phulbani, registered against the petitioner for commission of offence punishable under Sections 342/376 (2) (i) (f) of I.P.C. read with Section 6 of POCSO Act.
The petitioner had moved an application for bail before the Court of learned Addl. District and Sessions Judge-cumSpecial Judge, Phulbani which was rejected on 31.07.2019.
This is the second journey of the petitioner to this Court. Earlier, the bail application, i.e., BLAPL No.444 of 2018 has been rejected vide order dated 8.1.2019. The allegation against the petitioner is that he is the uncle of the 13 years old victim
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girl. When the victim girl had gone to his house to watch T.V. , and his wife had gone out , he tied the hands and legs of the victim girl and committed rape on her.
Learned counsel for the petitioner submits that the allegations against the petitioner are false and due to civil dispute and he is in custody since more than four years for which his prayer for bail may be sympathetically considered .
Considering the allegations against the petitioner and the age of the victim girl, I am not inclined to grant bail to the petitioner.
However, the learned trial court is directed to requested to complete the trial expeditiously.
With the aforesaid observation , the BLAPL is dismissed.
Urgent certified copy of this order be granted on proper application.
(Savitri Ratho) Judge
Bichi
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2 issues framed by the court
Whether bail should be granted to the petitioner, accused of raping a 13-year-old girl.
Directions for expeditious trial in cases involving rape of a minor.
3 provisions across 3 enactments
Sudhansu Pradhan
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
