Disposed¶28

Dinesh Meher v. State of Odisha

Orissa HC16 May 2024CRLREV/130/2024

Case brief

AI extract

What is this about?

CRLREV 130/2024, Orissa HC Cuttack, D. Dash J.; juvenile bail revision; CICL Dinesh Meher; JJ Act 2015 S.102/S.12; Golamunda PS Case 106/2023; JCT Case 52/2023; offence S.376(2)(n)/294/506/34 IPC with S.6 POCSO; challenged 07.03.2024 order of Special Judge (Children's Court) Bhawanipatna; release on bail directed with stringent conditions; disposed.

What did the court decide?

Release of the Petitioner (CICL) on bail in the aforesaid case with terms and conditions deemed just and proper by the court in seisin of the case, including some stringent terms and conditions as the court would deem fit and proper. ¶28

Dinesh Meher Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 07.03.2024 passed by the learned Additional Sessions Judge-cum-Special Judge (Children’s Court), Bhawanipatna, concerning commission of the offence and grant of bail to the Petitioner (CICL), is proper in its legality and propriety. +1 more

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Ratio / Principle

In reaching the bail decision, the Court took into account the surrounding circumstances revealed by the FIR and the period of detention of the Petitioner-CICL in the observation home.

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Key takeaways

The Court 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.ratio¶27
The bail terms and conditions were to include some stringent terms and conditions as the court would deem fit and proper.ratio¶27
Following the bail direction, the Court disposed of the CRLREV.ratio

Detailed headnote1 paragraphs

Orissa HC (Cuttack) — CRLREV No.130 of 2024 (D. Dash, Judge) — Dinesh Meher (Petitioner, CICL) v. State of Odisha & Rakhi Meher (Opposite Parties) — Petition under S. 102 read with S. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, arising out of Golamunda P.S. Case No.106 of 2023 corresponding to J.C.T. Case No.52 of 2023 (offence under S. 376(2)(n)/294/506/34 IPC read with S. 6 POCSO Act), questioning the legality and propriety of the order dated 07.03.2024 of the learned Additional Sessions Judge-cum-Special Judge (Children’s Court), Bhawanipatna concerning commission of the offence and grant of bail to the Petitioner — admitted and, on consent of counsel, heard on merit — Considering submissions, materials on record, circumstances revealed by the FIR and the CICL's period of detention in the observation home, the Court directed his release on bail in the aforesaid case with terms and conditions as deemed just and proper by the court in seisin, with some stringent terms and conditions — CRLREV disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.130 of 2024

Dinesh Meher

.....

Petitioner

Represented By Adv. - Budhiram Das

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-versus-

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1) State Of Odisha ..... Opposite Parties 2) Rakhi Meher Represented By Adv. – S. K. Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE D.DASH

ORDER

16.05.2024

Order No.

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

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Heard.

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Admit.

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On consent of the learned Counsel for the Petitioner and learned Counsel for the State; the Revision is heard on merit. Perused the order passed by the Courts below.

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(D. Dash), Judge.

Order

No.

ORDER

06.05.2024

This is a petition under section 102 read with section 12 of the Juvenile Justice (Care and Protection of Children) Act,

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Page 1 of 2.

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2015 (for short, the Act), arising out of Golamunda P.S. Case No.106 of 2023, corresponding to J.C.T. Case No.52 of 2023, questioning the legality and propriety of the order dated 07.03.2024, passed by the learned Additional Sessions Judgecum-Special Judge (Children’s Court), Bhawanipatna for commission of the offence under section 376(2)(n)/294/506/34 of the IPC read with section 6 of POCSO Act, and grant of bail to the Petitioner (CICL).

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Heard Mr. Budhiram Das, learned counsel for the Petitioner (C.I.C.L) and Mr. S.K. Nayak, learned Additional Government Advocate.

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Considering the submissions made and on going through the materials on record, further keeping in view the surrounding circumstances as it reveals from the FIR as well as the period of detention of the Petitioner-CICL in the observation home; it is directed that he 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 some stringent terms and conditions as the court would deem fit and proper.

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The CRLREV is accordingly disposed of.

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Issue urgent certified copy as per rules.

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Signature Not Verified

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(D.Dash) Judge

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Digitally Signed Signed by: GITANJALI NAYAK Designation: Junior Stenographer Reason: Authentication Location: OHC Date: 21-May-2024 16:32:23 Gitanjali

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Page 2 of 2.

Dinesh Meher v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dinesh Meher v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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