Partly allowed

Pradip Bag v. State of Odisha

Orissa HC14 Dec 2023BLAPL/10435/2023

Case brief

AI extract

What is this about?

High Court of Orissa at Cuttack considered an application for interim bail. Although the victim was injured and the charge involved Section 376(2)(n) IPC, the court granted interim bail noting the victim's subsequent marriage and attainment of majority.

What did the court decide?

Petitioner released on interim bail for a period of four months on terms including not indulging in criminal activity, tampering with evidence/witnesses, and surrendering upon expiry.

Pradip Bag Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10435 of 2023

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Pradip Bag

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… Petitioner

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Mr.Prasanna Kumar Negi, Advocate

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vs.

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State of Odisha

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Opposite Party Ms.S.Mishra, ASC

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

14.12.2023

Order No.

(Through hybrid mode)

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This application under Section 439 of Cr.P.C. has been filed in

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connection with Tarava P.S. Case No.257 of 2022 corresponding to G.R. Case No.07 of 2023, pending in the file of the learned Addl.

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Sessions Judge-cum-Special Judge, Sonepur where charge sheet has been submitted against the petitioner for commission of offences under Sections 363, 376 (2) (n), 366 of IPC read with Section 6 of the POCSO Act.

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The prayer for bail of the petitioner had been rejected by order dated 13.06.2023 passed by the learned Addl. Sessions Judge-cumSpecial Judge, Sonepur.

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Mr. P.K.Negi, learned counsel submits that the petitioner is in

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custody since 03.04.2023 and the petitioner and the victim were in a consensual relationship and got married to each other and were staying

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in Rajkot. When they came back to the village, as FIR had been filed by

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the mother of the victim, the petitioner was arrested and the victim who was three months pregnant was taken to her parents house. In her statement recorded under Section 164 Cr.P.C., the victim clearly states that the petitioner and she were love with each other since two years. On 17.11.2022, both of them had gone to Rajkot (Gujarat) without informing anybody and they had physical relations with each other. As she has conceived and was three months pregnant, they had returned to the village to the house of the petitioner. The police and her family members came and took her. He further submits that the petitioner is interested to take back the victim to his house as they have married each other and she is pregnant and has become a major.

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Ms. S.Mishra, learned Addl. Standing Counsel opposes the prayer for bail stating that that charge sheet has been submitted under Section 376 (2) (n) of IPC and the victim who was pregnant has suffered a miscarriage, for which the petitioner should not be released on bail. The said instruction is taken on record.

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Considering the nature of allegations against the petitioner, the submission of the counsel, the statement of the victim recorded under Section 164 Cr.P.C. and as the victim has attained majority in the meanwhile and had stated that she had married to the petitioner, I am inclined to release the petitioner on interim bail for a period of four months.

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6. The petitioner-Pradip Bag shall be released on interim bail by

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the learned Court below in seisin over the matter on such terms and

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conditions as deemed fit and proper, including the following

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conditions:-

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(i) He shall not indulge in any criminal activity while on bail.

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(ii) He shall not try to tamper with evidence or influence prosecution witnesses while on bail.

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(iii) He shall surrender before the learned trial court after expiry of the period of four months.

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The BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper

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application.

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………………………...
(SAVITRI RATHO)
JUDGE

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Bichi

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Signature Not Verified

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 15-Dec-2023 10:34:28

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Pradip Bag v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pradip Bag v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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