Disposed

Gokul Chhatar v. State of Odisha

Orissa HC5 Jul 2023ABLAPL/5695/2023

Case brief

AI extract

What is this about?

The High Court of Orissa considered an application for anticipatory bail under Section 438 Cr.P.C. in a case involving alleged rape and cybercrime. While not inclined to grant anticipatory bail the court directed the petitioner to surrender within three weeks for bail consideration by the trial court.

What did the court decide?

Petitioner directed to surrender within three weeks for bail consideration by the trial court without prejudice to the present application.

Gokul Chhatar Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 5695 of 2023

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Gokul Chhatar

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…. Petitioner

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Ms. Sailabala Jena, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. M.K. Mohanty, ASC

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

05.07.2023

Heard learned counsel for the Petitioner and the State.

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This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 376(2)(n)/417/506, I.P.C. and Sections 66(E) and 67(A) of the Information & Technology Act, 2000 in connection with Jagadalpur P.S. Case No.20 of 2023 corresponding to G.R. Case No.170 of 2023 pending in the court of the learned S.D.J.M., Padampur.

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The Petitioner is allegedly to have raped on the victim, which the victim has stated in her statement recorded under Section 164, Cr.P.C. consistent with the narration in the F.I.R. It is submitted by the learned counsel for the Petitioner that the incident is of one year back and as such there is no truth in the allegation made by the informant-victim.

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Page 1 of 2

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It is submitted by the learned counsel for the State that the delay in lodging the F.I.R. has been explained.

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Having regard to the nature of the allegations, gravity of the offence and the facts and circumstances of the case, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Padampur in connection with G.R. Case No.170 of 2023 within a period of three weeks hence, the learned court in seisin over the matter shall pass appropriate order in accordance with law on its own merit, not being influenced by the direction issued herein for disposal of the application but keeping in view the gravity of the offence and severity of the punishment and also keeping in view that the nude pictures of the victim was taken by the accused petitioner and he was blackmailing the victim, as is alleged in the F.I.R.

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The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash) Judge

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S.K. Parida

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Signature Not Verified

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Digitally Signed Signed by: SAMIR KUMAR PARIDA Reason: Authentication Location: ORISSA HIGH COURT Date: 06-Jul-2023 21:28:52

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Gokul Chhatar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gokul Chhatar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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