Allowed

Balabhadra Guntha v. State of Odisha

Orissa HC30 Oct 2023BLAPL/4575/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the Petitioner, an accused in a POCSO case, rejecting the State's opposition despite the victim's objection. The court imposed conditions requiring monthly police appearances and prohibition of threats against the victim.

What did the court decide?

Petitioner to be released on bail with conditions to appear before police monthly and not to threaten the victim or her family.

Balabhadra Guntha 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.4575 of 2023

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Balabhadra Guntha

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…. Petitioner

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Mr. S. Dash, 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

30.10.2023

Order No.

1. 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.83 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Jeypore, arising out of Koraput Sadar P.S. Case No.130 of 2022 for commission of the offence under Sections 376(2)(n)/376(3)/506 IPC and Section 4(2)/6 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 Special Court under POCSO Act, Jeypore, by order dated 13.04.2023 in the aforementioned case, the present BLAPL has been filed.

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The victim was produced before this Court through V.C by Ms. Runu Majhi, IIC, Koraput Sadar P.S. On being asked, the victim stated that she opposes the prayer for bail of the Petitioner.

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Page 1 of 2

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Relying on the statement of the victim who is examined as P.W. 3, learned counsel for the Petitioner submits that further continuance of the Petitioner in custody is not warranted.

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Learned counsel for the State opposes the prayer for bail.

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Perused the deposition copies of the victim as P.W. 3 and that of the mother Informant P.W.1.

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Considering the tenor of the same and since 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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(V. NARASINGH) Judge

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PKS

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Designation: A.R.-cum-Sr. Secy. Reason: Authentication Location: Orissa High Court, Cuttack Date: 31-Oct-2023 12:59:30

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Balabhadra Guntha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balabhadra Guntha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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