Allowed

Lakhamana@Laxman Hati v. State of Odisha

Orissa HC3 Sept 2024BLAPL/3450/2024

Case brief

AI extract

What is this about?

In BLAPL No.3450 of 2024, the High Court of Orissa allowed the petitioner's bail petition under Section 439 Cr.P.C. relating to rape and POCSO charges. Balancing the custody period and allegations against medical evidence showing no recent intercourse, the court directed release on bail with standard conditions.

What did the court decide?

Petitioner directed to be released on bail by the learned Court below on such terms and conditions as deemed just and proper, subject to standard bail conditions.

Lakhamana@Laxman Hati 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.3450 of 2024

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Lakhamana @ Laxman Hati …. Petitioner

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Mr. Prasanta Kumar Routray, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. Debasish Biswal, ASC

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order No.

03.

ORDER

03.09.2024

1 . The petitioner is an accused in connection with Beltukuri P.S. Case No.93 of 2023 corresponding to S.A. Case No.51 of 2023 for the offences punishable under Sections 342/376(2)/366-A of the IPC read with Sections 4/17 of the POCSO Act pending in the Court of the learned Addl. District & Sessions Judgecum-Special Judge, Nuapada.

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2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the

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petitioner is pending in any other Court relating to the aforesaid F.I.R.

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3. The prosecution story is that, on 06.11.2023, the complainant presented a written report at Komna P.S. that on 05.11.2023, when her elder sister called her to attend a meeting, her sister along with another woman took her to Nuapada. The present petitioner joined them and they had been to see the Patora Dam. After visiting the Dam, in the evening, they took her to the house of the present petitioner. They all slept in the night. When she was sleeping, her sister and the woman left her with the petitioner and went away. When she woke up, she saw the present petitioner had undressed her and forcibly committed rape on her. When she protested, he locked her in the house. On 06.11.2023 at 1.00 P.M. when someone opened the door, she fled away to save her life. Hence, the F.I.R.

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4. During the investigation, the statement of the victim was recorded under Section 164 of the Cr. P.C. She, inter alia, stated that, she along with her sister went with the accused and their friends to one picnic spot. All of them had slept together in the night. In the night, her sister and another woman left her alone with the petitioner and went away. Taking advantage of the same, the petitioner sexually exploited her. When she woke up, she found that the present

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petitioner was sleeping with her. On the next day, she was sent for medical test. The medical report indicates that there was no sign or symptom of any recent forcible sexual intercourse and there was no external bodily injury found on the victim.

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5. Learned counsel for the petitioner submits that the F.I.R. has been lodged because the petitioner refused to marry the victim.

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6. The petitioner had approached the learned Addl. District Judge-cum-Special Judge, Nuapada in S.A. No.51 of 2023 praying for grant of bail. The learned Court below vide its order dated 18.11.2023 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

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7. Regard being had to the period of custody, i.e., 07.11.2023 and the nature of allegations made against the petitioner and the medical evidence, the petitioner is entitled to be enlarged on bail.

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8. Hence, the petitioner is directed to 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 the following additional conditions:

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(1) The petitioner shall appear before the Court, without fail, on every date of hearing; and

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(2) He shall not influence any of the witnesses related to this case in any manner whatsoever.

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In the event that the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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9. The BLAPL is accordingly disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 04-Sep-2024 10:24:05

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Lakhamana@Laxman Hati v. State of Odisha

Case brief

What is this about?

What did the court decide?

Lakhamana@Laxman Hati v. State of Odisha

Case brief

What is this about?

What did the court decide?

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