Allowed

Rajesh Takri v. State of Odisha

Orissa HC8 Sept 2023BLAPL/2448/2023

Case brief

AI extract

What is this about?

High Court allows bail for an accused in a POCSO trial case after the victim was examined, directing release with conditions including monthly police appearance and a ban on threatening the victim, to be fixed by the trial court.

What did the court decide?

Release on bail with conditions to be fixed by the learned court, including monthly appearance before police station and no threat to victim.

Rajesh Takri 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.2448 of 2023

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Rajesh Takri State of Odisha

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…. Petitioner

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Mr. A.R. Panda, Advocate

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-versus-

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…. Opposite Party

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Mr. K. K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

08.09.2023

Order No.

1. It is submitted by the learned counsel for the State, on instruction, that the notice has been served on the victim/informant on 10.04.2023. In spite of service of notice, none appears on behalf of the victim/informant.

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Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in T.R. Case No.12 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Koraput at Jeypore, arising out of Jeypore Mahila P.S. Case No.100 of 2021 for commission of the offence under Sections 376(2)(n)/376(3)/376(2)(f)/417/506/323/294/34 IPC and Section 4(2)/6 of the POCSO Act and Section 25 of the J.J. Act. 4. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Court under POCSO Act,

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Page 1 of 2

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Jeypore, by order dated 04.02.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that 7 witnesses including the victim has been examined and as the Petitioner is in custody since 9.12.2021, he may be released on bail.

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Learned counsel for the State opposes the prayer for bail. 7. Perused the deposition of the victim examined as P.W.2. The copy of the deposition filed in Court is taken on record.

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Taking note of the same and that the conclusion of trial will take a considerable time and as the victim has already been examined, 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 appear before the jurisdictional police station once every month 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 Court in seisin. Petitioner shall not threaten the victim and/or her family members. It shall be open to the victim to seek variance of this order in the event there is any threat perception.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rule.

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PKS Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 11-Sep-2023 11:52:27

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Rajesh Takri v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajesh Takri v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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