Dismissed

Arun Khora @ Khara v. State of Odisha

Orissa HC6 Dec 2023BLAPL/10815/2023

Case brief

AI extract

What is this about?

This bail application was dismissed. The High Court refused grant of bail in a POCSO case involving rape charges, citing the serious nature of allegations and the victim's age, leaving it open for the petitioner to approach the trial court later.

What did the court decide?

Bail prayer rejected and BLAPL dismissed. Petitioner directed to approach trial court for bail after victim examination.

Arun Khora @ Khara 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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BLAPL No. 10815 of 2023

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Arun Khora @ Khara

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….. Petitioner Mr. R.K. Sahu, Adv.

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Vs.

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State of Odisha

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….. Opp. Party Mr. S.S. Pradhan, A.G.A.

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

06.12.2023

Order No.

(Through hybrid mode)

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Heard Mr. R.K. Sahu, learned counsel for the petitioner and Mr.

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S.S. Pradhan, learned Addl. Govt. Advocate for the State.

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Sri Abhimanyu Ganta, the informant in this case appears from Chandili Police Station through virtual mode duly identified by SubInspector Dambarudhar Sugari and objects to grant of bail to the petitioner.

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This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Chandili P.S. Case No.17 of 2023 corresponding to T.R. Case No. 03 of 2023 pending in the Court of the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Rayagada registered for commission of offence punishable under Sections 363, 366, 376(3) of IPC and Section 4(2) read with Section 3 of the POCSO Act.

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The prayer of the petitioner has been rejected vide order dated

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Page 1 of 2

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12.09.2023 by the learned Addl. Sessions Judge -cum- Special Court

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under POCSO Act, Rayagada.

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Mr. R.K. Sahu, learned counsel for the petitioner submits that it

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is a case of consent and in her statement recorded under Section 164 Cr.P.C., the victim has stated that she was in love with the petitioner and had gone voluntary with him.

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Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State placed the statement of the victim recorded under Section 164 of Cr.P.C. where she has stated that when she had gone to answer the call

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of nature, the accused has forcibly taken her to his relations house and committed rape on her forcibly.

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Considering the nature of allegations against the petitioner and

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the age of the victim, I am not inclined to allow the prayer for bail at

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this stage. The BLAPL is dismissed.

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It is open to the petitioner to approach the learned Court below for bail afresh after examination of the victim girl in the trial.

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

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(Savitri Ratho) Judge

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Sukanta

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-Dec-2023 22:02:41

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Arun Khora @ Khara v. State of Odisha

Case brief

What is this about?

What did the court decide?

Arun Khora @ Khara v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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