Dismissed¶30

Md. Zarait v. State of Odisha

Orissa HC12 May 2025BLAPL/1392/2025

Case brief

AI extract

What is this about?

Bail application (BLAPL No. 1392 of 2025) of Md. Zarait dismissed by the High Court of Orissa at Cuttack on 12.05.2025 (Dr. Justice S.K. Panigrahi, J.). Petitioner in custody since 28.09.2024 in Raghunathpali P.S. Case No. 473 of 2024 / Spl. G.R. Case No.112 of 2024, pending before the Ad-hoc Additional District & Sessions Judge (FTSC)(POCSO), Rourkela; offences under Sections 70(2)/77/351(3)/87/74/75 of BNS read with Section 6/12 of POCSO Act; FIR dated 27.09.2024, Raghunathpali Police Station; recital of repeated rape upon a 13-year-old victim; counsel: Rakesh Behera (Petitioner), Gayatri Patra ASC (State); bail rejected on gravity of accusations, character of evidence, severity of prescribed punishment and absence of reasonable grounds to believe the petitioner not guilty.

What did the court decide?

None; the prayer for bail was rejected.

Md. Zarait Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1392 of 2025

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Md. Zarait

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..…... Petitioner(s)

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Mr. Rakesh Behera, Adv.

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-versus-

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State of Odisha

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.….... Opposite Party(s) Ms. Gayatri Patra, ASC

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

12.05.2025

Order No.

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
473 Verified	27.09.2024	Raghunathpali	Spl. G.R. Case No.112 of 2024 pending in the court of learned Ad- hoc Additional District & Sessions Judge (FTSC)(POC SO), Rourkela	Sections 70(2)/77/351(3)/87/ 74/75 of BNS read with Section 6/12 of POCSO Act

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39

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This matter is taken up through hybrid arrangement.

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Heard learned counsel for the parties.

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The Petitioner being in custody in Raghunathpali P.S. Case No. 473 of 2024 corresponding to Spl. G.R. Case No.112 of 2024 pending in the court of learned Ad-hoc Additional District & Sessions Judge (FTSC)(POCSO), Rourkela, registered for the alleged commission of offences under Sections 70(2)/77/351(3)/87/74/75 of BNS read with Section 6/12 of POCSO Act., has filed this petition for his release on bail.

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The brief fact of the case is that the victim went to Mall along with her two friends. Accused Badsha and two other drunk persons take the victim girl in a bike close her mouth in Satatala RNC park which is a lonely place and there four persons repeated committed rape upon her. Deepak came there and take her near a lonely place at Railway station and committed rape upon her. Accused Badsha after committed rape upon her take video photographs of the victim. The victim is of 13 years old. Hence, this case.

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Learned counsel for the Petitioner submits that there is no specific allegation against the Petitioner and has no connection whatsoever with the offences alleged by the Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39

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Murmu

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prosecution. It is further submitted that the petitioner has been in custody since 28.09.2024. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the State submits that the allegations made against the Petitioner are grave and serious in nature. Hence, he vehemently opposes the prayer for bail.

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Considering the nature and gravity of the accusations, the character of evidence available against the Petitioner, the severity of the prescribed punishment, and the absence of reasonable grounds to believe that the petitioner is not guilty of the alleged offence or is unlikely to commit a similar offence if released, this Court finds no merit in the prayer for bail. Accordingly, the bail application stands rejected.

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The BLAPL is, accordingly, dismissed.

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( Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39

Md. Zarait v. State of Odisha

Case brief

What is this about?

What did the court decide?

Md. Zarait 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

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Parties & counsel

Coram

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