Allowed

Kuanwar Munda v. State of Odisha

Orissa HC22 Mar 2023BLAPL/151/2023

Case brief

AI extract

What is this about?

In BLAPL No. 151 of 2023, the High Court of Orissa, while hearing a bail application filed under Section 439 Cr.P.C. by an accused facing charges of kidnapping and rape under IPC and POCSO Act, perused the victim's deposition and allowed bail on specific conditions, including appearance at the police station weekly and not leaving territorial jurisdiction without permission.

What did the court decide?

Petitioner directed to be released on bail with conditions to appear at police station weekly and not leave territorial jurisdiction without court permission.

Kuanwar Munda 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. 151 of 2023

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Mr. B.K. Ragada, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. A. Pradhan, ASC Mr. A. Mishra, Adv.(Informant)

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CORAM: JUSTICE V. NARASINGH

ORDER 22.03.2023

Order No.

03.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.

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The petitioner is an accused in C.T. Case No.1893 of 2020 corresponding to C.T. Spl. Case No.9 of 2021, pending on the file of learned Adhoc Additional District & Sessions Judge,(FTSC), Jajpur, arising out of Jajpur Road P.S. Case No.524 of 2020 for commission of alleged offences under Sections 363/376(3)/376(2)(n) of IPC read with Section 6 of POCSO Act. 3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Adhoc Additional District & Sessions Judge,(FTSC), Jajpur, by order dated 26.11.2022 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner is in custody since 09.01.2021 and since the victim and her parents have been examined in the meanwhile, further continuance of the petitioner in custody is unwarranted.

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Page 1 of 2

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Learned counsel for the State and informant oppose the prayer for bail inter alia on the ground that releasing the petitioner at this stage will derail the ongoing trial.

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This Court perused the deposition of the victim, which is taken on record.

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Considering the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that the petitioner shall not leave the territorial jurisdiction of the learned Court in seisin without its express permission and shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

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Urgent certified copy of this order be granted as per the

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rules.

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(V. NARASINGH) Judge

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Ayesha

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Page 2 of 2

Kuanwar Munda v. State of Odisha

Case brief

What is this about?

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Kuanwar Munda v. State of Odisha

Case brief

What is this about?

What did the court decide?

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