Allowed

Shyama Suna v. State of Odisha

Orissa HC13 Apr 2021BLAPL/9679/2020

Case brief

AI extract

What is this about?

A bail petition filed by a petitioner in custody for alleged gang rape and POCSO offences was allowed. The court granted bail noting trial delays due to COVID-19, lack of evidence tampering risk despite the victim not supporting the prosecution, and the absence of absconding material.

What did the court decide?

Petitioner directed to be released on bail by the court in seisin on just and proper terms and conditions.

Shyama Suna Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA : CUTTACK

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BLAPL No.9679 of 2020

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Shri Shyama Suna

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… Petitioner -Versus-

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The State of Odisha … Opp. Party

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ORDER

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7. 13.04.2021 This matter is taken up by video conferencing mode.

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The Petitioner being in custody in Special G.R. Case No.42 of 2019, arising out of Saintala P.S Case No.01 of 2019, pending in the court of First Additional Sessions Judge-cumSpecial Judge (POCSO), Bolangir, filed this petition for his release on bail. The offences alleged against him are punishable under Sections 363/376(D)/344 of the IPC read with Section 6 of the Protection of Children from Sexual Offence Act, 2012.

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

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This is a case of gang rape. Though notice was issued to the victim, but no one appears on her behalf.

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Learned counsel for the State submits that the victim in this case has been examined and her evidence has also been recorded, so also the evidence of the other two witnesses, who are mother of the victim and informant, have been recorded. Petitioner is in custody near about two years. The progress of the trial of the case is tardy due to Covid-19 and also ceased work resorted to by the local lawyers. The victim has not supported the

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prosecution case during the trial. Petitioner has no chance of absconding. Hence, he be released on bail, submits the learned counsel for the Petitioner.

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Learned counsel for the State, however, opposed the prayer for bail with the submission that the offence alleged is heinous and serious in nature.

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On consideration of the facts and submissions made, especially the fact that there is no much progress in trial, victim has been examined and, as such, the Petitioner has hardly any chance tampering with evidence, so also no material is shown indicating that he shall abscond on his release on bail, hence, without expressing any opinion on the evidence of the victim adduced in the trial, this Court directs that the Petitioner be released on bail in the aforesaid case by the court in seisin over the matter on such terms and conditions as it would deem just and proper.

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Accordingly, the BLAPL stands disposed of being allowed.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.

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……..……...… S.Pujahari, J.

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Shyama Suna v. State of Odisha

Case brief

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Shyama Suna v. State of Odisha

Case brief

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