Dismissed

Madhaba @ Madhab Karkaria v. State of Odisha

Orissa HC19 Jul 2023BLAPL/4849/2023

Case brief

AI extract

What is this about?

this bail petition filed by a POCSO accused challenging the rejection of bail was not entertained by this high court at this stage as it refused to grant leave despite the submission of discrepancy in victim statement.

What did the court decide?

Bail application dismissed; leave granted to renew prayer before the learned court in seisin after examination of the victim and C.W.2. (no other relief granted at this stage).

Madhaba @ Madhab Karkaria 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. 4849 of 2023

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Madhaba @ Madhab Karkaria …. Petitioner

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Dr. S.K. Kanungo, Advocate

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-versus-

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…. State of Odisha and another Opposite Parties

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Mr. A. Pradhan, ASC Mr. J.K. Padhi, Adv (Informant) Mr. S.C. Mishra, Adv (Informant)

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CORAM: JUSTICE V. NARASINGH

Order No.

ORDER 19.07.2023

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

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The petitioner is an accused in connection with T.R. Case No.55 of 2022, pending in the file of learned Additional Sessions Judge-cum-Special Court (POCSO) Rayagada, arising out of Chandili P.S. Case No.192 of 2022 for alleged commission of offences under Sections 450/376(3)/376-AB of 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 Additional Sessions Judge-cumSpecial Court under POCSO Act, Rayagada by order dated 22.04.2023 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 05.12.2022 and as charge sheet has already been filed on 07.02.2023, hence his further continuance in custody is not warranted.

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Page 1 of 2

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It is stated by the learned counsel for the petitioner that there is a patent discrepancy in statement of the victim and her mother and the case has been foisted falsely because of the pending civil litigations inter se between the Parties.

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Such submission is opposed by the learned counsel for the State as well as learned counsel engaged by the legal aid as well as by the informant independently.

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This Court perused the statement of the victim and her

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mother-C.W.2.

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On consideration of materials on record, this Court is not inclined to entertain this bail application at this stage.

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Accordingly, the BLAPL stands disposed of.

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Leave is granted to the petitioner to renew his prayer before the learned Court in seisin, if so advised, after examination of the

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victim and C.W.2.

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(V. NARASINGH) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 20-Jul-2023 21:01:33

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Madhaba @ Madhab Karkaria v. State of Odisha

Case brief

What is this about?

What did the court decide?

Madhaba @ Madhab Karkaria v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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