Allowed

Dhanu Chiru @ D. Chiranjeevi v. State of Odisha

Orissa HC27 Feb 2023BLAPL/381/2023

Case brief

AI extract

What is this about?

The High Court of Orissa at Cuttack granted bail to the petitioner, an accused under POCSO and IPC sections, considering the victim denied medical examination and parity with other released co-accused. The court directed the court in seisin to fix terms and required a family member surety.

What did the court decide?

Petitioner released on bail on such terms to be fixed by the court in seisin, with one immediate family member executing a P.R. bond.

Dhanu Chiru @ D. Chiranjeevi 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. 381 of 2023

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Dhanu Chiru @ D. Chiranjeevi …. Petitioner

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Mr. B.N. Satapathy, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

27.02.2023

Order No.

02.

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

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The petitioner is an accused in connection with G.R. Case No.33 of 2021, pending in the Court of the learned Additional District & Sessions Judge -cum- Special Judge (POCSO), Jagatsinghpur, arising out of Jatadhari Muhan Marine P.S. Case No.06 of 2021, for alleged commission of offences under Sections 363/366/368/506/34 of IPC read with Section 12 of the POCSO Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court under POCSO Act, Jagatsinghpur, by order dated 06.01.2023 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 14.12.2022 and as charge sheet has been filed on

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Page 1 of 2

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10.11.2021 showing him as an absconder, his further continuance in custody is unwarranted.

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It is the further submission of the learned counsel for the petitioner that in the meanwhile the learned Court in seisin has released the co-accused by order dated 23.11.2021 in the case at hand. Hence, on the ground of parity, the petitioner seeks release.

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Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner is not similarly circumstanced with the accused so released.

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Perused the 164 Cr.P.C. statement of the victim.

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Considering the same and taking into account the factum that the victim denied medical examination, 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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Keeping in view that the petitioner does not reside within the territorial jurisdiction of the learned Court in seisin, it is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family, who shall execute a P.R. bond.

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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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(V. NARASINGH)

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Ayesha

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Dhanu Chiru @ D. Chiranjeevi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhanu Chiru @ D. Chiranjeevi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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