Akash Pradhan@Akash Padhan Vs State of Odisha

CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
02.04.2024
04. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
Learned counsel for the State submits that notice
on the informant has been made sufficient.
None appears for the informant.
Heard learned counsel for the petitioner and
learned counsel for the State.

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Order No.

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This is an appeal under section 101(5) of Juvenile Justice (Care and Protection of Children) Act, 2015 in connection with JJC Case No.54 of 2023 corresponding to Special Case No.8/54 of 2023 pending in the Court of learned Addl. Sessions Judge -cum- Judge, Children’s Court, Keonjhar, for offences punishable under sections 363/364/376(3) of the Indian Penal Code read with section 4(2) of the

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POCSO Act.

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The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Judge, Children’s Court, Keonjhar, which was rejected on 22.12.2023.

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Learned counsel for the petitioner submits that the petitioner, who is a juvenile, is detained in Observation Home since 20.08.2023 and he has been charge sheeted under sections 363/364/376(3) of the Indian Penal Code read with section 4(2) of the POCSO Act. Learned counsel further submitted that the victim girl in her 164 Cr.P.C. statement has not stated anything against the petitioner to constitute the offences under which charge sheet has been submitted and therefore, the bail application may be favourably considered.

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Learned counsel for the State, on the other hand, submitted that though in the 161 Cr.P.C. statement the victim has implicated the petitioner, but in her 164 Cr.P.C. statement, she has not stated anything so as to constitute the ingredients of the offences charged. He also placed the social investigation report, which indicates that there is nothing adverse against the petitioner.

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Considering the submissions made by the learned counsel for the respective parties, the social investigation report, the evidence of the victim in her 164 Cr.P.C. statement and taking into account the

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period of detention of the petitioner in Observation Home, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on the condition of his parent’s or any close family members furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just with further conditions that:-

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(i) the parents/a close family member shall furnish an undertaking that the petitioner shall not be allowed to come in contact with any unsocial and criminal association and shall not be exposed to any moral, physical or psychological danger and further he shall ensure that the petitioner will not indulge in any criminal offence and he shall further ensure the presence of the petitioner during trial before the Court as and when required by the Court;

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(ii) the petitioner and his mother/close family member will report before the District Probation Officer once in a month on every first Monday for a period of six months from the date of release except which falls on holidays and in that event he will report on the next working day;

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(iii) the District Probation Officer shall keep a strict vigilance on the activities of the petitioner while on bail and regularly draw his social investigation

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report which shall be submitted to the learned trial Court on periodical basis as the Court chooses.

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Issue urgent certified copy of this order on proper application.

( S.K. Sahoo)

Judge

PKSahoo

Signature Not Verified

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Digitally Signed Signed by: PRAMOD KUMAR SAHOO Designation: Secretary Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Apr-2024 17:28:51

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Akash Pradhan@Akash Padhan v. State of Odisha

Case brief

What is this about?

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Akash Pradhan@Akash Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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