Mantu Kisku Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

Mantu Kisku Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in Berhampr P.S. Case No.1 of 2019 / Special Case No.6 of 2019 on terms and conditions deemed just and proper by the trial court, with additional conditions of personal appearance on each posting date till conclusion of trial, not leaving the court's jurisdiction, and not indulging in criminal activity; violation of any condition shall entail cancellation of bail.

Issue for consideration

Whether the petitioner, in custody since 05.01.2019 in Special Case No.6 of 2019 (offence punishable under sections 376(3)/366 IPC read with section 6 of the POCSO Act), should be released on bail under section 439 Cr.P.C. in a successive application, considering the period of detention, the stage of trial (victim and important witnesses examined, 11 more witnesses remaining) and the contention that the victim was actually more than 18 years of age.

Court's answer

Considering the submissions, materials on record, surrounding circumstances including the period of detention, the Court was inclined to reconsider the prayer for bail and directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case.

Ratio / Principle

Release on bail is made subject to further conditions: (a) the petitioner shall appear in person before the court in seisin of the case on each date of posting till conclusion of the trial; (b) he shall not leave the jurisdiction of that court; and (c) he shall not indulge himself in any criminal activity; violation of any condition shall entail cancellation of the bail.

Detailed headnote1 paragraphs

Bail — Successive application under section 439, Cr.P.C. — Offence punishable under section 376(3)/366 of the Indian Penal Code read with section 6 of the POCSO Act (Berhampr P.S. Case No.1 of 2019 / Special Case No.6 of 2019, FTSC, Balasore) — Petitioner in custody since 05.01.2019 — Victim and other important witnesses already examined; 11 more witnesses to be examined per prosecution list, so early conclusion of trial not expected — Petitioner contended victim was actually more than 18 years of age and age shown lower to attract POCSO Act — Considering period of detention and surrounding circumstances, and absence of scope to tamper with evidence or flee from justice, petitioner directed to be released on bail on terms deemed just by the trial court, with conditions of personal appearance on each posting date till conclusion of trial, not leaving the court's jurisdiction, and abstaining from criminal activity; violation to entail cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9230 of 2023

Mantu Kisku …. Petitioner Mr. A. K. Behera, Advocate

-versus-

…. State of Odisha Opposite Party Mr. P. K. Mohanty, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER 27.02.2024 Order No.

1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

This is the successive journey of this petitioner, who is in custody in connection with Berhampr P.S. Case No.1 of 2019, corresponding to Special Case No.6 of 2019 pending in the Court of the learned Adhoc Additional Sessions Judge (FTSC), Balasore for offence punishable under section 376(3)/366 of the Indian Penal Code read with section 6 of the POCSO Act, in filing this application under section 439, Cr.P.C. for his release on bail.

Learned Counsel for the Petitioner submits that this Petitioner being arrested in the case is in custody since 05.01.20219 and in the meantime, the victim and other important witnesses have already been examined in the trial. He further submits that as per the list submitted by the prosecution, 11 more witnesses would be examined, and, therefore, early conclusion of the trial is not expected. He further submits that the victim was actually more than 18 years of age and only to prosecute the Petitioner for commission of the offence under POCSO Act, the age of the victim has been purposely shown on a lower side.

// 2 //

In view of all these, when there remains no scope on the part of the Petitioner to tamper the evidence and flee from justice, he urges for reconsideration of the prayer for grant of bail to the Petitioner.

Learned counsel for the State opposes the move.

Considering the submissions made and on going through the materials on record further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that:-

a) petitioner will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial; and

b) will not leave the jurisdiction of the Court in seisin of the case; and

c) will not indulge himself in any criminal activity.

Violation of any of the condition(s) shall entail cancellation of the bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash)

Judge

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 04-Mar-2024 13:07:23 Gitanjali

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