Dismissed¶23

Sk. Sajid Ali @ Ramjano v. State of Odisha

Orissa HC12 Nov 2024BLAPL/5648/2024

Case brief

AI extract

What is this about?

BLAPL 5648/2024, Orissa HC (A.C. Behera, J.), 12.11.2024 — bail under S.439 CrPC rejected; POCSO/IPC charges (Ss.363/366/365/376(2)(n)/376(3) IPC, S.6 POCSO) for continuous rape on minor victim; trial at fag end with 10 PWs examined; heinous-allegation ground for refusal; trial court directed to conclude trial within 3 months.

What did the court decide?

Since the case against the Petitioner is at the fag end of trial and the allegations against him are of a heinous nature, it is not felt proper to allow him to go on bail; the prayer for bail is therefore refused. ¶21

Sk. Sajid Ali @ Ramjano 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.5648 OF 2024

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Sk. Sajit Ali @ Ramjando

Petitioner

Represented By Adv.

-Mr. Samvit Mohanty.

-versus-

State of Odisha & Another

¶8

…. 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.

12.11.2024

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 Special G.R. Case No.03of 2023 in connection with Biridi P.S. Case No.304 of 2023 is taken up for consideration.

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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 choose 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. District & Sessions Judge (FTC)-cum-Special Judge (POCSO), Jagatsinghpur in Special G.R. Case No.03 of 2023.

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As per the rejection order of bail of the Petitioner, the Petitioner is facing trial having been charged under Section363/366/365/376(2)(n)/376(3) of the IPC read with Section-6 of the POCSO Act for commission of continuous rape on minor victim.

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The case against the Petitioner is at the fag end of its trial, because by the time of rejection of bail of the Petitioner on dated 22.04.2024, ten (10) witnesses had already been examined on behalf of the prosecution.

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As the case against the Petitioner is at the fag end of the trial, for which, it is not felt proper to allow the Petitioner to go on bail, in these heinous nature of allegations against him.

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Therefore, the prayer for bail of the Petitioner is refused.

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1. Accordingly, his bail application stands rejected.

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The learned Adhoc Addl. District & Sessions Judge (FTC) -Cum- Spl. Judge (POCSO), Jagatsinghpur is directed to dispose of the case as expeditiously as possible within a period of three (03) months hence.

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