Jitu Bhuyan Vs State of Odisha

This Court, by order dated 27.09.2024, had directed the State to obtain the statement of the victim recorded under section 164 of the CR.P.C. and the CD besides the medical examination report of the victim, which has been complied with and produced before the Court today for its perusal.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with Bharatpur P.S. Case No.416 of 2023 corresponding to T.R. No.497 of 2023 pending in the court of learned Ad hoc Additional Session Judge (FTSC-II), Bhubaneswar on the grounds stated therein.

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Mr.Pujari, learned counsel for the petitioner submits that the petitioner is a young man aged about 26 years and he is alleged of having committed the sexual mischief, however, the victim has no received any such visible injury as per the medical examination

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report and while claiming so, he produced a copy of the said report for the Court’s perusal. It is further submitted that the petitioner has remained in custody since 25.09.2023 and as the investigation is concluded, the chargesheet has been filed on 21.11.2023, the Court should allow him to go on bail on any terms and conditions, which is strongly objected to by Mr. Mohanty, learned ASC for the State by claiming that the victim is a minor aged about five years only and she was threatened by him at the time of committing the alleged mischief.

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Perused the statement of the victim recorded under Section 164 Cr.P.C.. The overt act, which has been committed by the petitioner, was narrated by the victim in her statement under Section 164 Cr.P.C. Immediately after the occurrence, the alleged incident was reported at the local PS leading to the arrest of the petitioner. The victim was medically examined thereafter. Upon perusal of the medical examination report of the victim, it is made to suggest that at the time of such examination, no bodily injury suggesting any forcible sexual intercourse was noticed. It is further indicated therein that the wearing apparels of the victim did not have any clue of alleged sexual offence and that apart, there was no sign or symptom of recent sexual intercourse and there was absence of foreign substance in the vaginal swab as well. The petitioner did the mischief, in the manner described by the victim, who, however, did not receive any such sexual related injuries so revealed from her medical examination report dated 25.09.2024, a copy of which is made available to the Court by Mr.Pujari, learned counsel for the petitioner.

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Considering the fact that the investigation is over and all such material evidence have been collected by the I.O., the

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chargesheet having been filed in the month of November, 2023 and the fact that the petitioner is in custody since 25.09.2023, the Court, taking into account the material evidence on record, is of the view that he should be allowed to go on bail subject to stringent conditions, which are follows.

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7. Hence, it is ordered.

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In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Bharatpur P.S. Case No.416 of 2023 corresponding to T.R. No.497 of 2023 subject to him furnishing a bail bond of Rs.50,000/-(rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned Ad hoc Additional Session Judge (FTSC-II), Bhubaneswar, who shall impose such other conditions suitable as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not terrorize and to come in contact with the victim; shall not cause any harm to the victim’s family in any manner whatsoever; and shall attend the local P.S. at least once in a fortnight and continue to do so till the victim is examined during the trial.

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9. The BLAPL is disposed of.

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

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(R.K. Pattanaik) Judge

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Basu Signature Not Verified

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Digitally Signed Signed by: BASUDEV NAYAK Designation: ASST. REGISTRAR-CUM-SR. SECRETARY Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 24-Dec-2024 11:34:46

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Jitu Bhuyan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jitu Bhuyan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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