Allowed

Debraj Pujari v. State of Odisha

Orissa HC6 Dec 2023BLAPL/11114/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court considered allegations of abduction under IPC Sections 363, 366 and 376(3) along with Section 4(2) POCSO. Considering the informant's lack of objection and the minor's statement not supporting the prosecution case, the court allowed bail subject to lower court conditions.

What did the court decide?

Petitioner released on bail on terms and conditions to be fixed by the trial court having seisin.

Debraj Pujari Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 11114 of 2023

¶3

Debraj Pujari

¶4

….. Petitioner Mr. B.P. Nanda, Adv.

¶5

Vs.

¶6

State of Odisha

¶7

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

¶8

CORAM:

¶9

JUSTICE SAVITRI RATHO

ORDER

06.12.2023

Order No.

(Through hybrid mode)

¶15

Heard Mr. B.P. Nanda, learned counsel for the petitioner and

¶16

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

¶17

Sri Kamulu Amanatya, the informant in this case appears from Kotpal Police Station through virtual mode duly identified by SubInspector Ms. Chandraprava Mohanty.

¶18

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Kotpad P.S. Case No.144 of 2023 corresponding to G.R. Case No. 716 of 2023 pending in the Court of the learned Addl. District and Sessions Judge -cum- Special Court under POCSO Act, Jeypore registered for commission of offence punishable under Sections 363, 366, 376(3) of IPC and Section 4(2) of the POCSO Act.

¶19

The prayer of the petitioner has been rejected vide order dated

¶20

07.09.2023 by the learned P.O., Special Court under POCSO Act,

¶21

Page 1 of 3

¶22

Jeypore.

¶23

The prosecution allegation in brief is that on 28.06.2023, the 15 years old the minor daughter of the informant eloped with the petitioner as her father wanted to solemnize her marriage elsewhere. She went with the petitioner to Udulia, Bomoda and thereafter to Bukubandha. Thereafter knowing about the registration of the case, they came back and were taken to the police station.

¶24

Mr. B.P. Nanda, learned counsel for the petitioner submits that

¶25

the petitioner is in custody since 07.07.2023. He further submits that the trial has commenced in the case and the victim and her parents have been examined. They have not supported the prosecution case. He further submits that in her statement recorded under Section 164 of Cr.P.C., the victim has not made any allegations that the petitioner has had physical relations with her.

¶26

Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State opposed the prayer for bail stating that the victim is a minor for which her consent is no consent in the eye of law.

¶27

The informant submits that he has no objection if the petitioner is released on bail.

¶28

Considering the nature of allegations against the petitioner, the submission of the learned counsel that the victim and her parents have

¶29

Page 2 of 3

¶30

not supported the prosecution case and as the informant does not have any objection if the petitioner is released on bail, I am inclined to allow

¶31

the prayer for bail at this stage.

¶32

Let the petitioner Debraj Pujari be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter.

¶33

The BLAPL is accordingly allowed.

¶34

No observation in this order should influence the learned trial

¶35

Court, as they have been made for the purpose of deciding the prayer

¶36

for bail.
13. Urgent certified copy of this order be granted on proper
application.
(Savitri Ratho)
Judge

¶37

Sukanta

¶38

Signature Not Verified

¶39

Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 07-Dec-2023 22:02:42

¶40

Page 3 of 3

Debraj Pujari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Debraj Pujari 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

Case details

Similar cases

Achayuta Barik Vs State of Odisha

Udaya Ghadei Vs State of Odisha

Rakesh Kumar Mahato Vs State of Odisha

Subal Patel Vs State of Odisha

Arun Khora @ Khara Vs State of Odisha

Rakesh Das @ Mantu Vs State of Odisha