Allowed

Bijay Kumar Sahoo@Rahul@Bibek@Jhatu v. State of Odisha

Orissa HC5 Aug 2021CRLA/578/2019

Case brief

AI extract

What is this about?

Bijay Kumar Sahoo appealed the rejection of his bail application in a POCSCO and SC/ST atrocity case. The High Court, noting the slow trial progress and victim examination, set aside the earlier order and granted bail pending the final disposal of the appeal.

What did the court decide?

Custom bail allowed in the accused's favor; appellant to appear before the learned trial court on each date; violation will entail cancellation of bail.

Bijay Kumar Sahoo@Rahul@Bibek@Jhatu Vs State of… — Child Sexual Offences (POCSO) | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No. 578 of 2019

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Bijay Kumar Sahoo @ …. Appellant Rahul @ Bibek @ Jhatu

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Mrs. Bharati Dash, Advocate

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-versus-

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1. State of Odisha 2. Babi Naik …. Respondents

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Mr. S.S. Pradhan Addl. Government Advocate

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CORAM:

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Order No.

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JUSTICE S.K. SAHOO ORDER 05.08.2021

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This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

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

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This is an appeal under section 14-A of S.C. & S.T. (POA) Act, 1989 in connection with C.T. Case No.45 of 2017 arising out of Jhasipur P.S. Case No.50 of 2017 pending in the Court of learned Sessions Judge, Baripada for offences punishable under sections 376(2)(n)/ 294/506 of the Indian Penal Code read with section 6 of the POCSO Act and sections 3(1)(r)(s)/3(2)(v)(va) of the SC & ST (POA) Act and 67/67-A of the Information Technology Act.

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The appellant moved an application for bail before the Court of learned Presiding Officer, Children’s Court, Mayurbhanj, Baripada which was rejected on 26.11.2018.

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// 2 //

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Learned counsel for the appellant submits that the appellant is in judicial custody since 23.02.2018 and the earlier bail application of the appellant in BLAPL No.4055 of 2018 was disposed of on 24.08.2018 and while rejecting the application for bail, this Court gave liberty to the appellant to renew the prayer for bail after examination of the victim in the trial Court. It is further submitted that out of thirty charge sheet witnesses, only two witnesses have been examined so far in the trial Court and the victim was examined as P.W.2 and therefore, the bail application of the appellant may be favourably reconsidered.

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Learned counsel for the State opposed the prayer for bail.

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Perused the evidence of the victim. Considering the submissions made by the learned counsel for the respective parties, the period of detention of the appellant in judicial custody and the slow progress of the trial, I am inclined to reconsider the prayer for bail and direct the appellant to be released on bail.

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Let the appellant be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper with further condition that the appellant shall appear before the learned trial Court on each date when the case would be fixed for trial. Violation of any terms and conditions shall entail cancellation of bail.

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Page 2 of 3

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// 3 //

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The CRLA is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo)

Judge

RKM

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Bijay Kumar Sahoo@Rahul@Bibek@Jhatu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijay Kumar Sahoo@Rahul@Bibek@Jhatu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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