Disposed

Badal Kumar Mahanta v. State of Odisha

Orissa HC28 Feb 2024CRLREV/476/2023

Case brief

AI extract

What is this about?

Juvenile in conflict with law, charge sheeted for rape offences under IPC, POCSO and SC/ST Act and detained since 04.07.2023, sought bail under Section 102 of the JJ Act after rejection by the Children's Court. Considering the detention period and social investigation report, the High Court granted bail with surety undertakings and probation supervision.

What did the court decide?

Petitioner released on bail on terms fixed by the trial court plus conditions: family-member surety undertaking and District Probation Officer vigilance with periodic social investigation reports.

Badal Kumar Mahanta 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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CRLREV No.476 of 2023

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Badal Kumar Mahanta

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…. Petitioner

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Mr. Arijeet Mishra, Advocate

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-versus-

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State of Odisha ….

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Opp. Party

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Mr. P.B. Tripathy Addl. Standing Counsel

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CORAM: JUSTICE S.K. SAHOO ORDER Order No. 28.02.2024 04. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Perused the letter dated 12.02.2024 received from the Superintendent, Place of Safety, Rourkela, which is at “Flag-A”.

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Order No.

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 in connection with Keonjhar Sadar P.S. Case No.249 of 2022 corresponding to Special Case No.09/32 of 2023 pending in the Court of learned Addl. Sessions Judge -cum- Judge, Children’s Court, Keonjhar for offences punishable under sections

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376(2)(n)/376(3) of the I.P.C., section 6 of the POCSO Act and section 3(2)(v) of the S.C. & S.T. (PoA) Act.

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The petitioner moved an application for bail before the Court of the learned Addl. Sessions Judge -cum- Judge, Children’s Court, Keonjhar, which was rejected on 25.08.2023.

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Learned counsel for the petitioner submitted that the petitioner is a juvenile and he is detained in observation home since 04.07.2023 and he has been charge sheeted for the offences punishable under sections 376(2)(n)/376(3) of the I.P.C., section 6 of the POCSO Act and section 3(2)(v) of the S.C. & S.T. (PoA) Act. Learned counsel pointed out from the statement of the victim regarding the love affair between the petitioner and the victim for about two years and the petitioner put vermilion over the forehead of the victim and took her to his house. Learned counsel further submitted that the medical examination report of the victim indicates that there was no sign and symptoms of recent sexual intercourse and no bodily injury on the private part of the victim.

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Learned counsel for the State placed the social investigation report which indicates that the reason for the alleged offence is parental neglect, peer group influence, lack of knowledge of law and lack of

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education but it does not indicate any criminal antecedent against the petitioner. Learned counsel opposed the prayer for bail mainly on the ground that the victim is a minor girl as on the date of occurrence and he also placed the 164 Cr.P.C. statement of the victim.

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Considering the submissions made by the learned counsel for the respective parties, the 164 Cr.P.C. statement of the victim, the period of detention of the petitioner in observation home and after going through the social investigation report of the petitioner, 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 such terms and conditions as the learned Court in seisin over the matter may deem just and proper with further conditions that:-

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(i) one surety should be the family member of the petitioner, who 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 is not indulged in any criminal activities and he shall further ensure the presence of the petitioner during trial before the Court as and when required;

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(ii) the District Probation Officer shall keep a close vigilance on the activities of the petitioner while on bail and regularly draw their social investigation report which shall be submitted to the Court on periodical basis as the Court chooses.

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The CRLREV is accordingly disposed of.

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Issue urgent certified copy of this order on proper application.

( S.K. Sahoo)

Judge

sipun

Signature Not Verified