Dismissed

Madan Adjuad v. State of Odisha

Orissa HC1 Sept 2023BLAPL/4175/2023

Case brief

AI extract

What is this about?

This judgment considers a bail application for an accused in a POCSO case. Finding force in the State's submission that materials ex facie falsify the accusation was rejected, while the victim's statement indicated no leniency. The bail application was rejected, and the court directed the trial conclude within three months.

What did the court decide?

The bail application was rejected. The trial must be concluded within three months.

Madan Adjuad Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No.4175 of 2023

¶3

Madan Adjuad

¶4

…. Petitioner

¶5

Mr. D. Panda, Advocate

¶6

-versus-

¶7

State of Odisha & another

¶8

…. Opposite Parties

¶9

Mr. P.K. Maharaj, ASC

¶10

CORAM: JUSTICE V. NARASINGH

ORDER

01.09.2023

Order No.

Mr. Ranjan Barik, learned counsel who has entered appearance on behalf of the victim, undertakes to file vakalatanama in the case at hand.

¶16

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

¶17

The Petitioner is an accused in Special G.R. Case No.06 of 2021 pending on the file of learned Special Judge (POCSO), Balangir, arising out of Titlagarh P.S. Case No.25 of 2021 for commission of offence alleged under Sections 376(1)(2)(3)/506 IPC and Section 6 of the POCSO Act.

¶18

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Special Judge under POCSO Act, Balangir by order dated 28.02.2023 in the aforementioned case, the present BLAPL has been filed.

¶19

It is submitted by the learned counsel that out of 33 witnesses 24 witnesses including the victim have been examined

¶20

Page 1 of 2

¶21

and relying on the statement of the victim at Annexure-3 submits that further continuance of the Petitioner in custody is not warranted.

¶22

It is further submitted that there are materials on record which ex facie falsifies the accusation under the POCSO Act. 7. Learned counsel for the Informant who has appeared through V.C opposes the prayer for bail of the Petitioner. 8. Learned counsel for the State submits that in view of the statement of the victim, no leniency ought to be shown to the Petitioner. Hence, the Petitioner should not be released on bail.

¶23

So far as the submission relating to POSCO Act is concerned it is stated by the learned counsel for the State that there are materials on record against the Petitioner.

¶24

This Court finds force in the submission made by the learned counsel for the State.

¶25

On perusal of the statement of the victim, this Court is not inclined to entertain this bail application.

¶26

Accordingly, BLAPL stands rejected. 13. Since the Petitioner is stated to be in custody since 18.01.2021, learned Court in seisin is called upon to conclude the trial, preferably within a period of three months from the date of receipt/production of a copy of the order.

¶27

Leave is granted to the Petitioner to renew his prayer in the event trial is not concluded within the time frame.

¶28

Issue urgent certified copy of this order as per rules.

¶29

Signature Not Verified

¶30

Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 02-Sep-2023 15:32:04 PKS

¶31

Page 2 of 2

Madan Adjuad v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madan Adjuad v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vijaya Kumar Patel @ Antol Vs State of Odisha

Kanak Behera Vs State of Odisha

Rajesh Gupta Vs State of Odisha

Bena @ Dhusa Sahu Vs State of Odisha

Basant Nayak @Naik @Chandu Vs State of Odisha

Tapan Pattnaik Vs State of Odisha