Allowed

Kausal Kumar Yadav v. State of Odisha

Orissa HC18 Aug 2021BLAPL/9575/2020

Case brief

AI extract

What is this about?

High Court of Orissa granted bail to petitioner in POCSO case under Section 376(2)(n) IPC and Section 6 POCSO Act. Petitioner held in judicial custody since October 2, 2020. Court inclined to release with condition of not contacting victim.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.50,000 with two local solvent sureties each and undertaking not to contact victim or tamper with evidence.

Kausal Kumar Yadav 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.9575 of 2020

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Kausal Kumar Yadav …. Petitioner

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Mr.Sanjeev Udgata, 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.A. Pradhan, Addl.Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

18.08.2021

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

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

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Rourkela Plant Site P.S. Case No.315 of 2020 corresponding to Special G.R. Case No. 145 of 2020 pending in the Court of learned Addl. Sessions Judge –cum- Presiding Officer, Special Court (POCSO), Sundargarh for alleged commission of offences under section 376(2)(n) of the Indian Penal Code and section 6 of POCSO Act.

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The petitioner moved an application for bail before the Court of Addl. Sessions Judge –cum-

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// 2 //

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Presiding Officer, Special Court (POCSO), Sundargarh, which was rejected on 11.12.2020.

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Considering the submissions of the learned counsel for the petitioner that the petitioner is in judicial custody since 02.10.2020, charge sheet has already been submitted for commission of offences under section 376(2)(n) of the Indian Penal Code and section 6 of POCSO Act and that the petitioner is an young boy who was reading in Rourkela Junior College, Rourkela, Sector-4, Rourkela and after going through the 164 Cr.P.C. statement of the victim and the fact that the victim refused for her medical examination and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not try to keep any contact with the victim, shall not tamper with the evidence and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

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BLAPL is accordingly disposed of.

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Page 2 of 3

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// 3 //

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Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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PKSahoo

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Page 3 of 3

Kausal Kumar Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kausal Kumar Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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