Disposed

Bhaskara Bag@Bhaskara Bag v. State of Odisha

Orissa HC12 Sept 2024BLAPL/6164/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 Cr.P.C. in a POCSO and IPC kidnapping-rape case. The victim, present in court, stated she had married the petitioner and borne him a son. Considering custody period, the accusation's nature and the marriage, the High Court admitted the petitioner to bail with conditions including no contact with the victim or tampering with evidence.

What the court decided

AI extract

Bhaskara Bag@Bhaskara Bag 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.6164 of 2024

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Bhaskara Bag @ Bhaskara …. Petitioner Bag

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Mr. A.C. Behera, Advocate

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-versus-

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State of Odisha & others …. Opp. Parties

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Mr. B.K. Ragada, AGA Mr. S.K. Parida, Advocate

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CORAM:

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JUSTICE SIBO SANKAR MISHRA

Order

No.

ORDER

12.09.2024

This is an application under Section 439 Cr.P.C.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is an accused in connection with Ambabhana P.S. Case No.244 of 2022 corresponding to C.T. Case No.61 of 2023 registered under Sections 363/376(2)(n)/366/376(3)/344/34 of the IPC read with Section 6 of the POCSO Act pending in the Court of leaned Additional Sessions Judge-cum-Special Court under POCSO Act, Bargarh.

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The prosecution case is that the grand daughter of the informant was kidnapped by the present

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petitioner with the help of one Kuber Patikar forcefully. They have also kept physical relationship with the victim forcefully. Hence, the F.I.R. has been lodged. 5. Learned counsel for the petitioner submits that the petitioner is in custody since 15.12.2023 and he is aged about 22 years.

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The victim, who is aged about 19 years, is present in Court today along with her counsel. She is also identified by her counsel and also filed her self attested photocopy of her Aadhar Card to establish her identity.

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On a query from the Court, the victim states that she has already married to the petitioner and they are blessed with a son on 01.10.2023.

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The bail plea of the petitioner was rejected on 17.05.2024 by the learned trial Court.

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Learned counsel for the petitioner further submits that the plea of bail of the petitioner is not pending before any other Court, except the present one.

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Taking into consideration the period of custody since 15.12.2023, the nature of accusation and the fact that the victim has already married the petitioner and they are blessed with a son, I am inclined to admit the petitioner on bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as

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it would deem just and proper, subject to the following additional conditions:

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(i) The petitioner shall not tamper with the evidence in any manner whatsoever;

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(ii) He shall not contact the victim or her family members;

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(iii) He shall appear before the Court below on each date of trial;

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Violation of any of the bail conditions shall entail cancellation of the bail granted to the petitioner. The prosecution is given liberty to move application before the Court below for cancellation of bail, if the petitioner violates any of the conditions of the bail granted to him.

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9. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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amit

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 13-Sep-2024 09:15:24

Bhaskara Bag@Bhaskara Bag v. State of Odisha

Case brief

What is this about?

What the court decided

Bhaskara Bag@Bhaskara Bag v. State of Odisha

Case brief

What is this about?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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