Allowed

Alok Mallik v. State of Odisha

Orissa HC5 Nov 2024BLAPL/2824/2024

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. arising from a POCSO case where the victim did not appear, the High Court of Orissa, after considering depositions stating a love relationship turned into a false allegation, granted bail to the 19-year-old petitioner who is charged with rape.

What did the court decide?

Petitioner allowed to go on bail on furnishing bail bond of Rs. 50,000 with two solvent sureties for the like amount subject to specific conditions.

Alok Mallik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2824 of 2024

Alok Mallik

.....

Petitioner(s)

Represented By Mr.A.K.Jena,Advocate

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-versus-

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State of Odisha & Another

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..... Opposite Party(s)

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Represented By Mr.T.K.Acharya,ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

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ORDER

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Order No. 05.11.2024

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

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This bail application Under Section 439 of Cr.P.C. of the petitioner arising out of C.T Spl. (POCSO) Case. No-03/2024 arising out of Jenapur P.S. Case No:- 05/2024 pending in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Jajpur is taken up for consideration.

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The learned standing counsel for the state is submitted that, the notice on the informant/victim for hearing of the bail application was served, she has not appeared for participating in the hearing of the bail application.

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So, heard from the learned counsel for the petitioner and the learned Additional Standing Counsel for the State.

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The petitioner has been charge-sheeted under Sections 417/406

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Page 1 of 3

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and 376(3) of I.P.C read with section 6 of POCSO Act on the allegations of commission of rape on the minor victim/informant.

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She (victim) has deposed as P.W.3 during trial of the case stating that, she is aged about 15 years and she had love affairs with the petitioner (who is aged about 19 years). On the basis of their love relationship, the petitioner had kept sexual relationship with her and when, the said matter came to the knowledge of her parents, her parents opposed the same and thereafter, the victim lodged the F.I.R. against the petitioner and basing upon which, the case was registered and investigation was started.

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During investigation, the petitioner was arrested and forwarded to the Court on dated 04.01.2024 and since then, he (petitioner) is in jail custody.

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The learned counsel for the petitioner submitted that, as the examination of the victim along with two other witnesses including her father has already been completed, for which, he should be allowed to go on bail, but, the learned Additional Standing Counsel for the state vehemently objected contending that, as rape has been committed against a child, for which, in this nature of allegation he (petitioner) should not be allowed to go on bail.

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The victim being P.W.3 has deposed in her deposition stating that, she was talking with the petitioner secretly and they were keeping physical relationship secretly and when, her father detected her secret talking with the petitioner over phone, then, her father assaulted her and deleted the phone number of the accused from her mobile phone.

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So, by taking the considerable period of detention of the petitioner inside the bar, his present age and the above depositions of the victim into account, it is felt proper to allow him (petitioner) to go

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on bail.

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11. Hence, the bail application filed by the petitioner is allowed

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He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the Court in seisin over the case with conditions that :-

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(i) He (petitioner) shall not involve with similar nature of crime in future.

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(ii) He shall appear before the court personally on each date of adjournment of the case.

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(iii) He (petitioner) shall not terrorize, coerce, influence or threat to the informant/victim or her family members and witnesses either directly or indirectly in any manner whatsoever at any stage of the trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission from this Court for the same.

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Accordingly, the bail application of the petitioner is disposed of finally.

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Grant certified copy of this order to the petitioner on proper application.

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Binayak

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Signature Not Verified

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Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 05-Nov-2024 19:15:23

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Alok Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Alok Mallik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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