Allowed

Parsuram Nayak @ Parsuram Naik v. State of Odisha

Orissa HC1 Feb 2024BLAPL/8621/2023

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the bail application of a petitioner accused of abetting rape under the POCSO Act. The court imposed conditions including appearance at trial, non-abdication of jurisdiction, and a monetary bond with a surety.

What did the court decide?

Petitioner admitted to bail on bail bond of Rs. 25,000 with one solvent surety for the like amount on specified conditions.

Parsuram Nayak @ Parsuram Naik 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.8621 of 2023

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Prasuram Nayak @ Parsuram Naik

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… Petitioner

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Mr. J.K. Mahapatra, Advocate

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-versus-

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State of Orissa

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… Opposite Party

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Mrs. S.R. Sahoo, ASC

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Order No.

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08.

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CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 01.02.2024

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This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Jarada P.S. Case No. 204 of 2023 corresponding to G.R. Case No.110 of 2023 pending in the file of learned ADJ-cumSpecial Judge(POCSO), Berhampur, Dist- Ganjam for commission of offences punishable under Sections 376(2)(n)/341/323/506/109 and r/w Sec. 6 of POCSO Act, on the allegation of assisting his son to commit rape upon the victim.

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Heard, Mr. J.K. Mahapatra, learned counsel for the Petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of

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offence as alleged against the Petitioner, so also the accusations sought to be brought against him and on going through the materials placed on record including the statement of the victim and regard being had to the the pre trial detention of the Petitioner since 19.06.2023 with submission of charge-sheet in the meanwhile, this Court admits the Petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law ,

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(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Priyajit

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 02-Feb-2024 15:16:58

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Parsuram Nayak @ Parsuram Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Parsuram Nayak @ Parsuram Naik 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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