Allowed

Bhabani Shankar Chhatria @ Gultu v. State of Odisha

Orissa HC3 Dec 2024BLAPL/442/2024

Case brief

AI extract

What is this about?

Bail application by a 19-year-old facing POCSO and IPC rape charges, in custody over one year three months with the victim and key witnesses already examined at trial. Bail granted on stringent conditions including personal appearance on every trial date.

What did the court decide?

Petitioner released on bail on Rs.50,000 bond with two solvent sureties, subject to conditions; failure allows trial court to cancel bail directly.

Bhabani Shankar Chhatria @ Gultu Vs State of… — Child Sexual Offences (POCSO) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.442 of 2024

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Bhabani Shankar Chhatria @ ..... Petitioner Gultu

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Represented By Adv. - Susanta Kumar Tripathy

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-versus-

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1) State Of Odisha ..... Opposite Parties 2) Krushna Bagarty Represented By Adv. – B.K. Sahu, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

03.12.2024

Order No.

1. This matter is taken up through hybrid mode.

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The bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Sindhekela P.S. Case No.152 of 2023 corresponding to Spl. G.R Case No.60 of 2023 pending in the file of learned Special Judge (POCSO) at Balangir is taken up into consideration.

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The petitioner is facing trial in the Court of learned ADJ-cum-Special Judge (POCSO), Balangir as an UTP (under trial prisoner) having charged under Sections 363, 376(3), 366 of the IPC, 1860 and Section 4 of the POCSO Act, 2012 on the allegations of commission of rape on minor victim kidnapping the victim from her house and keeping her in his sister

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Page 1 of 4.

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house. But, subsequently, she (victim) was rescued by the police.

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The petitioner is in jail custody since 15.08.2023 for about more than 1 year and 3 months.

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I have already heard from the learned counsel for the petitioner and learned Addl. Govt. Advocate for the State.

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Learned counsel for the petitioner submitted for liberal consideration of his bail contending that, the petitioner is in jail custody since 15.08.2023 for about more than 1 year 3 months and in the meantime, the trial of the case has already been commenced and during trial, the victim herself, informant (father of the victim) along with other three witnesses have already been examined as P.Ws.1 to 5, to which, learned Addl. Govt. Advocate vehemently objected contending that, as the victim has deposed during trial against the petitioner implicating him with the alleged offences and when there is prima facie case available against the petitioner regarding commission of rape on minor victim and when the trial of the case has progressed substantially, then at this stage, he (petitioner) should not be allowed to go on bail.

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When the petitioner is in jail custody for about more than 1 year 3 months and when during the staying of the petitioner inside the jail, the investigation of the case has already been completed and when in the

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meantime, during trial of the case, the material private witnesses of the case including the informant and the victim along with others have already been examined as P.Ws.1 to 5 and when the present age of the petitioner is 19 years, which is just one year above his juvenility and when the presence of the petitioner during rest part of trial of the case is not unsecured, as his house is situated under the jurisdiction of Sinapali police station of Nuapada District, then at this juncture, instead of rejecting the bail application of the petitioner, it is felt proper to allow him (petitioner) to go on bail with stringent conditions in order to secure his attendance on each date in the rest part of trial of the case till its conclusion.

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Therefore, 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 each for the like amount to the satisfaction of the learned Court in seisin over the matter 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 Trial Court personally on each date of adjournment of the case without fail till the conclusion of trial;

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(iii) he shall not terrorize, coerce, influence or threat any witnesses of the prosecution

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including the informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case, but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

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Accordingly, the bail application filed by 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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(ANANDA CHANDRA BEHERA) Judge

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Utkalika

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Signature Not Verified

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Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 03-Dec-2024 18:02:36

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Bhabani Shankar Chhatria @ Gultu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhabani Shankar Chhatria @ Gultu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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