Allowed

Raju Kumar Sahoo @ Tuna v. State of Odisha

Orissa HC22 Jun 2023BLAPL/2229/2023

Case brief

AI extract

What is this about?

The High Court of Orissa at Cuttack allowed a bail application filed under Section 439 Cr.P.C. concerning serious sexual offences under the POCSO Act and IPC involving caste caste-based aggravation. Considering pre-trial detention and lack of prima facie evidence, the court granted bail with standard conditions.

What did the court decide?

Petitioner allowed to go on bail on furnishing bail bonds of Rs. 25,000 with two solvent sureties each.

Raju Kumar Sahoo @ Tuna 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.2229 of 2023

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Raju Kumar Sahoo @ Tuna … Petitioner

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Mr. B.P.Mohanty, Advocate

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-versus-

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State of Odisha & another

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… Opposite Parties Mr. S.R.Roul, ASC

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CORAM: JUSTICE G. SATAPATHY

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ORDER 22.06.2023

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Order No.

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04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.148 of 2022 arising out of Township Sector-19, Rourkela P.S. Case No.83 of 2022 pending in the file of learned Addl. District Judge-cum-Presiding Officer, Special Court (POCSO), Sundargarh for commission of offences punishable under Sections 363/368/342/376(2)(n)/506/109/34 of the IPC read with Section 6 & 17 of POCSO Act read with Section 3(1)(r)/3(2)(v) of S.C & S.T. (PA) Act, on the allegation of kidnapping the minor victim and committing rape and aggravated penetrative sexual assault upon her by taking advantage of her caste.

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Page 1 of 3

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In the course of hearing of the bail application, Mr. B.P.Mohanty, learned counsel for the petitioner submits that the petitioner has been detained in custody since 13.08.2022, but trial is yet to commence and there is absolutely no evidence at all available against the petitioner to find out any prima facie case against him for commission of any sexual offence upon the victim. Mr.Mohanty, accordingly, prays to allow the bail application of the petitioner.

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On the other hand, Mr. S.R.Roul, learned ASC by placing the statement of the victim recorded U/S. 164 of Cr.P.C. prays to reject the bail application of the petitioner.

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After having considered the rival submissions made on behalf of the parties and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the delay in lodging of the FIR for some days and on going through the statement of the victim U/S. 164 Cr.P.C. as produced by the learned ASC and regard being had to the pretrial detention of the petitioner since 13.08.2022 with submission of charge sheet in this case, this Court considers the bail application of the petitioner leniently.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two solvent sureties each

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Page 2 of 3

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for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

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It is clarified that the Court in seisin of the case

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will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per

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Rules.

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Signature Not Verified

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(G. Satapathy) Judge

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Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 23-Jun-2023 14:06:32

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Kishore

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Raju Kumar Sahoo @ Tuna v. State of Odisha

Case brief

What is this about?

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Raju Kumar Sahoo @ Tuna v. State of Odisha

Case brief

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What did the court decide?

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