Allowed

Sudhir @ Sudhakar @ Kirtan Bihari Acharya v. State of Odisha

Orissa HC28 Jan 2022BLAPL/11485/2021

Case brief

AI extract

What is this about?

Single judge allowed bail to the petitioner detained in connection with IPC and POCSO Act offences. Bail granted subject to standard conditions including not approaching the victim.

What did the court decide?

Petitioner released on bail on such terms as the court in seisin may impose, including not approaching or threatening the victim and appearing on all dates.

Sudhir @ Sudhakar @ Kirtan Bihari Acharya Vs… — Child Sexual Offences (POCSO) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 11485 of 2021

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Sudhir @ Sudhakar @ Kirtan Bihari Acharya

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…. Petitioner

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Mr. Ramesh Chandra Behera, Advocate

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-Versus -

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State of Odisha …. Opposite Party

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Mr. K.K. Das, Addl. Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

28.01.2022

Order No. 1.

This matter is taken up through virtual mode.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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The petitioner is in custody since 13.12.2021 in connection with Pallahara P.S. Case No. 285 of 2021 corresponding to G.R. Case No. 483 of 2021 pending in the court of learned Special Judge-cum-Additional District Judge Court, Angul for the alleged commission of offence under Sections 363/366/376 of IPC and Section 4(2) and 6(1) of the POCSO Act.

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Having regard to the submissions made, the materials on record and the statement of the victim and informant recorded under Section 164 of Cr.P.C., I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that petitioner shall not approach, threaten, coerce or pressurize the victim in any manner

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whatsoever and shall personally appear before the trial court on each date of posting of the case without fail.

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The BLAPL is accordingly disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court’s Office Order circulated vide Memo Nos. 514 and 515 dated

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7th January, 2022.

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( Sashikanta Mishra)
Judge

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B.C. Tudu

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Sudhir @ Sudhakar @ Kirtan Bihari Acharya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sudhir @ Sudhakar @ Kirtan Bihari Acharya v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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