Dismissed¶22

Nityananda Patro v. State of Odisha

Orissa HC22 Jul 2024BLAPL/1435/2024

Case brief

AI extract

What is this about?

Orissa High Court bail rejection; Nityananda Patro v. State of Odisha; BLAPL No.1435 of 2024; Justice G. Satapathy; order dated 22.07.2024; second bail application under S.439 Cr.P.C.; offences under Sections 377 and 506 IPC read with Section 6 of the POCSO Act; unnatural sex; aggravated penetrative sexual assault; child victim; certified depositions P.Ws.1 to 3; victim evidence weighed against bail; G.R. Case No.30 of 2023; Baidyanathpur P.S. Case No.94 of 2023; Additional District Judge-cum-Special Court under POCSO Act, Berhampur; bail refused, trial expedited.

What did the court decide?

No bail relief; the bail application was rejected and the BLAPL disposed of, with a direction that the trial be expedited. ¶22

Nityananda Patro Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1435 of 2024

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Nityananda Patro

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Petitioner

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Ms. P. Naidu, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. K.K. Gaya, ASC Mr. J. Sahoo, Advocate (informant)

¶9

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

22.07.2024

Order No.

05.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

¶15

This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No.30 of 2023 corresponding to Baidyanathpur P.S. Case No. 94 of 2023 pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Berhampur, for commission of offences punishable under Sections 377/506 of the IPC r/w. Section 6 of the POCSO Act, on the allegation of committing unnatural sex and aggravated penetrative sexual assault upon the victim.

¶16

Ms. Pratyusha Naidu, learned counsel for the petitioner submits that this is the 2^nd journey of the petitioner to this Court, but no bail application of the

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petitioner is pending before any other forum except this one.

¶19

Heard, Ms. Pratyusha Naidu, learned counsel for the petitioner, Mr. Jyotimaya Sahoo, learned counsel, who enters appearance for the informant by filing Vakalatnama in Court today and Mr. K.K. Gaya, learned ASC in the matter and perused the record. The Vakalatnama be kept on record.

¶20

The evidence of the victim and two other witnesses has been made available to this Court by learned counsel for the petitioner by placing the certified copy of depositions of P.Ws.1 to 3 in G.R. Case No.30 of 2023, out of which the present bail application arises.

¶21

After having considered the rival submissions and on going through the evidence of the victim together with the material placed on record, this Court is not inclined to grant bail to the petitioner.

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Hence, the bail application of the petitioner stands rejected. However, the trial be expedited.

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Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules.

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Signature Not Verified

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(G. Satapathy) Judge

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Digitally Signed Signed by: SUBHASMITA SASMAL S. Sasmal Reason: Authentication Location: High Court of Orissa Date: 23-Jul-2024 17:29:19

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Nityananda Patro v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nityananda Patro v. State of Odisha

Case brief

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