Disposed

Birendra Mahananda v. State of Odisha

Orissa HC3 Oct 2024BLAPL/6605/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. by an accused in a POCSO case pending before the Special Judge, Balangir. The court noted custody since December 2023 and filing of the final form, perused the victim's 164 statement, and granted bail with conditions including no intimidation of the informant and monthly police-station appearance.

What did the court decide?

Petitioner directed to be released on bail on terms fixed by the trial court, with conditions against intimidation of the informant and monthly police-station appearances.

Birendra Mahananda 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.6605 of 2024

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Birendra Mahananda

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Petitioner

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Ms. P. Naidu, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

03.10.2024

Order No.

03.

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

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The Petitioner is an accused in connection with Special G.R No.102 of 2023 pending on the file of learned Special Judge, POCSO Act, Balangir arising out of Tusura P.S Case No.256 of 2023 for commission of offence alleged under Sections 363/376(2)(n)/366/376(3) IPC r/w Section 6 of POCSO Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned

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A.D.J.-cum-Special Judge-under POCSO Act, Balangir by order dated 18.05.2024 in the aforementioned case, the present BLAPL has been filed.

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It is apt to note here that this matter was listed on 26.09.2024. Since the notice was served on the informant on the said date, the matter was adjourned to this day (03.10.2024).

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Learned counsel for the State, on instruction, submits that the victim/informant was duly informed that the matter shall be taken up today (03.10.2024). However, today there is no appearance on behalf of the informant, when the matter is called.

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It is submitted by the learned counsel that the Petitioner is in custody since 14.12.2023 and as final form has already been filed on 22.08.2024, he may be released on bail.

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Learned counsel for the State opposes the prayer for bail.

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Perused the 164 Cr.P.C statement of the victim.

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Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 11. It is further directed that the Petitioner shall not in any way try to intimidate the informant and his family.

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Page 2 of 3

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It shall be open for the informant/prosecution to seek variance of this order in the event there is any threat perception.

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Additionally, it is directed that the Petitioner shall appear before the jurisdiction police station once every month on such date and time to be fixed by the learned Court in seisin till the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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Accordingly, the BLAPL stands disposed of. 15. Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH) Judge

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SOUMYA

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Signature Not Verified

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Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Oct-2024 11:03:11

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Birendra Mahananda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Birendra Mahananda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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