Disposed¶29

Hemanta @ Kalia Nahak v. State of Odisha

Orissa HC7 Aug 2024BLAPL/1121/2024

Case brief

AI extract

What is this about?

Orissa High Court (Sibo Sankar Mishra, J.), BLAPL No.1121 of 2024, order dt. 07.08.2024: bail under S.439 Cr.P.C. granted to Hemanta @ Kalia Nahak, accused in G.R. Case No.188 of 2023 / Purusottampur P.S. Case No.730 of 2023 (Ss.363/366/342/376(2)(n)/376(3) IPC + S.6 POCSO Act), after custody since 10.10.2023 and earlier refusal dt. 11.01.2024; conditions — no evidence-tampering, no similar offences; violation entails cancellation.

What did the court decide?

Petitioner admitted to bail and ordered released on bail by the learned Court in seisin over Purusottampur P.S. Case No.730 of 2023 / G.R. Case No.188 of 2023, on terms and conditions that Court deems just and proper, subject to the High Court's conditions (no tampering with evidence; no involvement in similar offences); non-cooperation or violation to entail cancellation of bail.

Hemanta @ Kalia Nahak Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether petitioner Hemanta @ Kalia Nahak, accused in Purusottampur P.S. Case No.730 of 2023 / G.R. Case No.188 of 2023 (Sections 363/366/342/376(2)(n)/376(3) IPC read with Section 6 POCSO Act), should be enlarged on bail under Section 439 Cr.P.C., taking into account his custody since 10.10.2023 and the nature of accusation, his earlier bail application having been rejected on 11.01.2024.

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Court's answer

Taking into consideration the period of custody from 10.10.2023 and the nature of accusation, the Court was inclined to admit the petitioner to bail.

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Ratio / Principle

The petitioner is to be released on bail by the learned Court in seisin over the matter (Purusottampur P.S. Case No.730 of 2023 / G.R. Case No.188 of 2023) on such terms and conditions as that Court deems just and proper, subject to the further conditions specified by this Court.

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Key takeaways

Bail is subject to the condition that the petitioner shall not tamper with the evidence in any manner whatsoever.ratio¶26
Bail is further subject to the condition that the petitioner shall not involve himself in any similar type of offence.ratio¶27
Non-cooperation in the investigation and/or violation of the bail conditions shall entail cancellation of the bail granted to the petitioner.ratio

Detailed headnote1 paragraphs

BAIL — Section 439 Cr.P.C. — POCSO case — custody since 10.10.2023. Petitioner, accused in Purusottampur P.S. Case No.730 of 2023 corresponding to G.R. Case No.188 of 2023 (Sections 363/366/342/376(2)(n)/376(3) IPC read with Section 6 POCSO Act), had his bail application rejected by the Court below (Special Court under POCSO Act, Berhampur) on 11.01.2024. Charge-sheet filed 06.12.2023; victim's Section 164 statement disclosed a relationship with petitioner and an F.I.R. prompted by her father's refusal to pay Rs.25,000/- agreed at the village meeting; medical evidence showed nothing incriminating. Considering the period of custody from 10.10.2023 and the nature of accusation, the High Court (Sibo Sankar Mishra, J.) admitted the petitioner to bail, directing release through the Court in seisin on terms deemed just and proper, subject to conditions: (i) no tampering with evidence; (ii) no involvement in similar offences; non-cooperation/violation to entail cancellation. BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1121 of 2024

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Hemanta @ Kalia Nahak …. Petitioner

¶4

Mr. C. Nahak, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. S. Patra, ASC

CORAM:

JUSTICE SIBO SANKAR MISHRA

Order

No.

ORDER

07.08.2024

This is an application under Section-439 Cr.P.C.

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

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The petitioner is accused in Purusottampur P.S. Case No.730 of 2023 corresponding to G.R. Case No.188 of 2023 registered under Sections363/366/342/376(2)(n)/376(3) of the IPC read with Section 6 of the POCSO Act pending in the Court of the learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Berhampur.

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The allegation in the F.I.R. is that the informant lodged a written complaint before the Purusottampur Police Station alleging that the accused/petitioner of

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his village kidnapped his daughter, Barsha Das, and confined her in his house. After getting such information, when they reached the house of the accused, the accused and his parents denied to return the victim, as a result of which, the informant intimated the matter before the village gentries and in this connection, a meeting was convened on 03.10.2023, but the accused and his family did not respond to the decision of the village gentries. Hence, the F.I.R. was lodged.

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After investigation, charge-sheet was filed on 06.12.2023 and the statement of the victim girl was recorded under Section 164 of Cr.P.C. The victim, in her statement, stated that she has been in relation with the petitioner, and when it was decided in the village meeting that the father of the victim has to pay Rs.25,000/- to the father of the accused for marriage of the victim with the accused, the father of the victim disagreed and lodged the F.I.R. The petitioner has been in custody since 10.10.2023. Even in the medical evidence, no incriminating material has come up against the petitioner.

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The petitioner had approached the learned A.D.J.M.-cum- Special Court under POCSO Act, Berhampur praying for grant of bail. The learned Court below vide its order dated 11.01.2024, has rejected the bail application of the petitioner. Being aggrieved, the

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petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

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Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court, except the present one.

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Taking into consideration the period of custody from 10.10.2023 and the nature of accusation, I am inclined to admit the petitioner to bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to further conditions as following:

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(i) He shall not tamper with the evidence in any manner whatsoever,

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(ii) He shall not involve in any similar type of offence.

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Non-cooperation in the investigation and/or violation of the bail conditions shall entail cancellation of the bail granted to the petitioner.

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The BLAPL is accordingly disposed of.

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 12-Aug-2024 11:54:40 amit

Procedural history

How this case reached the court

AI extract

Order under challenge
Rejection of the petitioner's bail application by the learned Court below (Special jurisdiction under POCSO Act, Berhampur), leading to the present Section 439 Cr.P.C. petition.¶22
Court of the learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Berhampur · 11.01.2024
Prior proceeding
F.I.R. allegation: informant's written complaint to Purusottampur Police Station that the accused/petitioner kidnapped his daughter, Barsha Das, and confined her in his house; the accused and his parents denied returning the victim.¶20
Prior proceeding
Village meeting convened on 03.10.2023; the accused and his family did not respond to the village gentries' decision, after which the F.I.R. was lodged.¶20
Prior proceeding
Case registration: Purusottampur P.S. Case No.730 of 2023 corresponding to G.R. Case No.188 of 2023, registered under Sections 363/366/342/376(2)(n)/376(3) IPC read with Section 6 POCSO Act, pending before the Additional Sessions Judge-cum-Special Judge (POCSO), Berhampur.¶18
Prior proceeding
Charge-sheet filed on 06.12.2023; statement of the victim girl recorded under Section 164 Cr.P.C.¶21
Prior proceeding
Victim's Section 164 statement disclosed an existing relationship with the petitioner and that the F.I.R. followed the victim's father disagreeing to pay Rs.25,000/- (decided at the village meeting) to the accused's father for the marriage.¶21
Prior proceeding
Petitioner has been in custody since 10.10.2023.¶21
Prior proceeding
Medical evidence disclosed no incriminating material against the petitioner.¶21
Prior proceeding
First bail attempt: petitioner had approached the learned A.D.J.M.-cum-Special Court under POCSO Act, Berhampur seeking bail; that application was rejected on 11.01.2024 (see impugned_order).¶22
Prior proceeding
Present petition filed under Section 439 Cr.P.C. praying for enlargement on bail; counsel confirmed the bail plea is not pending before any other Court.¶23

Hemanta @ Kalia Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hemanta @ Kalia Nahak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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