Dismissed¶¶20

Krushan Chandra Naik v. State of Odisha

Orissa HC20 Nov 2024BLAPL/4692/2024

Case brief

AI extract

What is this about?

BLAPL No.4692 of 2024, Krushan Chandra Naik v. State of Odisha & Another, High Court of Orissa at Cuttack, decided 20.11.2024 by A.C. Behera, J. Bail application under Section 439 Cr.P.C. rejected; trial under Sections 341/342/506/376(1) IPC read with Section 4 POCSO Act (T.R. Case No.163 of 2023, FTSC Bhanjanagar) directed to be concluded within two months, with liberty to renew the bail prayer on failure. Keywords: bail rejection, POCSO, Section 376(1) IPC, speedy conclusion of trial, two-month direction, victim examined, informant absent despite notice.

What did the court decide?

Bail refused; Trial Court directed to conclude the trial within two months, failing which the Petitioner may approach this Court again for bail; certified copy of the order to the Petitioner on proper application. ¶¶20

Krushan Chandra Naik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.4692 OF 2024

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Krushan Chandra Naik …. Petitioner

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Represented By Adv.

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-Mr. Rajendra Narayan Rout.

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-versus-

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State of Odisha & Another

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…. Opposite Parties Represented By Adv. -Ms. Babita Kumari Sahu, AGA.

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CORAM:

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HON’BLE MR. JUSTICE A.C. BEHERA

ORDER

Order No.

20.11.2024

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., 1973 of the Petitioner arising out of G.R. Case No.139 of 2023 (T.R. Case No.163 of 2023) in connection with Bhanjanagar P.S. Case No.647 of 2023 is taken up for consideration pending in the Court of learned Adhoc Additional Sessions Judge (FTSC), Bhanjanagar.

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The bail application is heard only from the learned Counsel for the Petitioner and learned Additional Government Advocate for the State, as the Informant did not turn up to participate in the hearing of the bail application inspite of service of notice.

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The Petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge (FTSC), Bhanjanagar in T.R. Case No.163 of 2023 having been charged under Section341/342/506/376(1) of the IPC read with Section-4 POCSO Act. According to the submission of the learned Counsel for the Petitioner till yet four (4) nos. of witnesses have already been

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examined including the victim and other witnesses are yet to be examined.

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As the case against the Petitioner is at the stage of trial and four witnesses have already been examined, then instead of allowing the Petitioner to go on bail, it is felt proper to direct the learned Trial Court to conclude the trial of the case within a period of two months positively; failing which, the Petitioner shall be at liberty to approach this Court again for bail.

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