Debiprasad Dash@Chuin Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

Debiprasad Dash@Chuin Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

What the court decided

AI extract

Outcome

None granted - the Court was not inclined to entertain this bail application at this stage; the BLAPL stands disposed of without bail being granted.

Issue for consideration

Whether the Court should entertain and grant the Petitioner's fresh bail application at the current stage of the ongoing prosecution (trial already past recording of the accused's statement, posted for defence evidence).

Court's answer

This Court is not inclined to entertain the Petitioner's bail application at this stage, having regard to the stage of the case, the nature of the allegation and the statement of the victim on record; consequently bail was not granted and the BLAPL stands disposed of.

Key takeaways

The Court in seisin (learned Special Judge, Nayagarh) is requested to conclude the trial as expeditiously as possible.obiter¶22

Detailed headnote1 paragraphs

BLAPL No. 1883 of 2024, High Court of Orissa at Cuttack, Order dated 18.04.2024 by Justice V. Narasingh (single-member bench). Petitioner Debiprasad Dash @ Chuin is an accused in Special G.R. Case No.35 of 2023 pending before learned Special Judge, Nayagarh, arising out of Gania P.S. Case No.37 of 2023, charged for alleged offences under Sections 341/323/354/354A/354-D/506/507 IPC read with Sections 10/12 of the POCSO Act and Sections 67/67-A of the I.T. Act, 2000. His earlier bail application under Section 439 Cr.P.C. had been rejected by the learned Addl. S.J.-cum-Spl. Court under the POCSO Act, Nayagarh by order dated 19.01.2024, prompting the present BLAPL; counsel confirmed no other bail application for the P.S. case was pending elsewhere. Court-in-seisin report showed the accused statement already recorded and the trial posted to 20.04.2024 for defence evidence as last chance. Considering the stage of the case, the nature of the allegation and the victim statement on record, the Court was not inclined to entertain the bail application at this stage; the BLAPL stood disposed of with no bail granted, and the trial court was requested to conclude the trial expeditiously. Vakalatnama of the informant's counsel (printed as Mr. S.B. Mohanty at the cause-list line and Mr. Satyabrata Mohanty in the order text) was taken on record. No precedent cases were cited or engaged with.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1883 of 2024

Debiprasad Dash @ Chuin …. Petitioner

Mr. A. Tripathy, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. A. Pradhan, ASC Mr. S.B. Mohanty, Adv (Informant)

CORAM: JUSTICE V. NARASINGH

ORDER 18.04.2024

Order No.

Learned counsel Mr. Satyabrata Mohanty has filed Vakalatnama on behalf of the informant. The same is taken on record. Name of learned counsel Mr. Mohanty be reflected in the file as well as in the cause list and in the web portal of this Court.

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

The Petitioner is an accused in connection with Special G.R. Case No.35 of 2023 pending on the file of learned Special Judge, Nayagarh, arising out of Gania P.S. Case No.37 of 2023 for commission of alleged offence under Section 341/323/354/354A/354-D/506/507 of IPC read with Section 10/12 of POCSO Act, 67/67-A of I.T. Act, 2000.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. S.J.-cum-Spl. Court under the POCSO Act, Nayagarh by order dated 19.01.2024 in the aforementioned case, the present BLAPL has been filed.

Perused the report submitted by the learned Court in seisin indicating that the accused statement has already been recorded in the meanwhile and the case is posted to 20.04.2024 for defence evidence as last chance.

Considering the stage of the case, nature of the allegation and the statement of the victim on record, this Court is not inclined to entertain this bail application at this stage.

Accordingly, the BLAPL stands disposed of.

Learned Court in seisin is requested to conclude the trial as expeditiously as possible.

(V. NARASINGH) Judge

Santoshi

Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Apr-2024 13:20:38

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