Application for bail under Section 439 Cr.P.C. in a POCSO matter was dismissed because the victim is appearing for Class-X examinations, and the informant feared disruption if the petitioner were released.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 12469 of 2023
Tikeswar Bhosagar
….. Petitioner
Mr. Tapas Chakrabati, Adv. on behalf of Mr. S.K. Samal, Adv.
Vs.
State of Odisha
….. Opp. Party Mr. B.K. Ragada, A.G.A.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
20.12.2023
Order No. (Through hybrid mode)
Later 3. Mr. Tapas Chakrabati, learned counsel appearing on behalf of
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Mr. S.K. Samal, learned counsel for the petitioner submits that postal requisites have been filed for issue of notice on opposite party no.2 today. Since the opposite party no.2 has already appeared and opposed the prayer for bail, the matter is taken up.
(Savitri Ratho) Judge
Later 5. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Ainthapali P.S. Case No. 281 of 2023 corresponding to G.R. Case No. 1372 of 2023 pending in the Court of the learned S.D.J.M., Sambalpur which is constituted Special G.R. Case No. 24 of 2023, which is rejected by the learned Addl. Sessions Judge -cum- Special Court (under POCSO Act), Sambalpur under Sections 363, 366, 376(2)(N), 376(3) of IPC read with Section 6 of POCSO Act.
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cum- Special Court (under POCSO Act), Sambalpur.
the victim had voluntarily gone with the petitioner which would be evident from her statement recorded under Section 164 Cr.P.C. where she has stated that she and the petitioner were in love with each other, when her mother came to know about this, she scolded the her. Unable to bear the scolding, on 10.06.2023 she left the house for the Railway Station but the petitioner suggested that she should return to her house but she did not agree. Then he came and both of them went to Kusanpuri where they stayed for 13 days where they had physical relations with each other.
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(Savitri Ratho)
Judge
Sukanta/Bichi
Signature Not Verified
Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 22-Dec-2023 14:27:17
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2 issues framed by the court
Whether the petitioner should be granted bail in a POCSO case where the victim is examining in January 2024.
Whether consent of a 15-year-old victim is valid under Section 376 of IPC.
3 provisions across 3 enactments
Tikeswar Bhosagar
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
