Sk. San @ Kunu @ Sk. Riaz Vs State of Odisha

The prosecution case, in short, is that, on 09.01.2024 at about 6.30 P.M., the informant being the father of the victim lodged a written report before the Nimapara P.S. alleging therein that on 09.01.2024 in the morning his daughter, the victim aged about 16 years had gone to tuition but did not return home till evening. It is also alleged that the informant along with others searched her in their relatives house and other probable places, but could not able to trace and suspected that the accused-petitioner had kidnapped her daughter. On the basis of such allegation, the F.I.R. was registered.

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The petitioner had approached the learned A.D.J.-cumSpecial Court under POCSO Act, Puri praying for grant of bail. The learned Court below vide its order dated 11.03.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

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The coordinate Bench of this Court vide order dated 01.08.2024 directed the victim girl to appear through the I.I.C. of the concerned P.S. so as to ascertain the objection of the victim regarding the grant of bail to the petitioner.

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The I.I.C. Nimapara P.S. along with the victim girl are

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present in Court through Virtual Mode.

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On query from the Court, the victim girl has stated that the petitioner should not be enlarged on bail because she is under threat. During investigation, the statement of the victim under Section 164 Cr.P.C. has been recorded. She inter alia has stated that she had gone with the petitioner on her own volition to Chennai and they stayed together in Chennai. She has specifically stated that there was no sexual relationship between her and the petitioner. She has also denied participating in the medical examination. However, in her statement recorded under Section 161 Cr.P.C., she made a specific allegation against the petitioner.

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Taking into consideration the fact that the victim girl in her statement under Section 164 Cr.P.C., has not made a single allegation against the petitioner and she has declined to cooperate with the investigation for the purpose of medical examination. Since, the petitioner is in custody since 26.01.2024, I am inclined to admit the petitioner on bail. However, to alley the apprehension of the victim regarding the threat perceptions, it would be appropriate to impose additional conditions.

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Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such

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terms and conditions as it would deem just and proper, subject to

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the following additional conditions:-

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(i) The petitioner shall report to the I.I.C., Nimapara P.S.,

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District-Puri being physically present on each Sunday for six months without fail.

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(ii) He shall not keep in contact with the victim or her family members in any manner whatsoever.

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Violation of any of the conditions shall entail

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consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court

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should decide the application on its own merit.

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The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Aug-2024 17:38:27

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Sk. San @ Kunu @ Sk. Riaz v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. San @ Kunu @ Sk. Riaz v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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