Disposed

Digambra Majhi v. State of Odisha

Orissa HC1 Oct 2024BLAPL/6900/2024

Case brief

AI extract

What is this about?

Bail application by an accused in a POCSO special court case arising from Jaipatna P.S. Case No. 98 of 2024, whose earlier bail plea was rejected and who had been in custody since March 2024 with charge sheet filed. The High Court perused the victim's Section 164 statement and directed release on bail on terms fixed by the trial court.

What did the court decide?

Petitioner directed to be released on bail on terms fixed by the trial court, with monthly police station appearance and non-intimidation conditions.

Digambra Majhi 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. 6900 of 2024

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Digambra Majhi

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Petitioner

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Mr. S.K. Naik, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 01.10.2024

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Order No.

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

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The Petitioner is an accused in connection with C.T. Case No.30 of 2024, pending on the file of learned Special Judge (POCSO), Kalahandi arising out of Jaipatna P.S. Case No. 98 of 2024 for commission of the alleged offence under Sections 376(2)(n)/341/354(A)/294/506 of IPC and 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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Additional Sessions Judge-cum-Spl. Judge under POCSO Act, Bhawanipatna by order dated 28.05.2024 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 26.03.2024 and as charge sheet has already been filed on 21.05.2024, he may be released on bail.

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Learned counsel for the State opposes the prayer for bail.

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This Court 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.

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

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It is directed that the Petitioner shall not in any way try to intimidate the informant and her family.

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

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH)

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Judge

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Ayesha

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Oct-2024 11:13:50

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Digambra Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Digambra Majhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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