Kadialu Judhisti @ K.Judhistir Vs State of Odisha

Ord	er		O	RDER
No.			14.0	5.2025
F.I.R.	Dated	Police	Cas	e No. and	Sections
No.		Station	Cou	rts’ Name
0203	31.07.2020	Golanthara	G.R.	(POCSO)	Sections 294, 354, 506
			No.61	of 2020	of I.P.C and Sections
			arisin Golan	g out of thara P.S.	8, 12 of the POCSO Act read with
			Case	No.203 of	Sections 3(1)(r)(s),
			2020	pending in	3(1)(w)(ii), 3(2)(va) of
			the	Court of	the S.C. and S.T.
			learne Sessio Judge Berha	d Addl. ns-cum-Spl. , POCSO, mpur	(POA) Act

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1 . This matter is taken up through hybrid arrangement.

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2 . Heard learned counsel for the Petitioner and learned

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counsel for the State.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:10:35

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3 . Pursuant to the earlier direction of this Court the Superintendent of Police, Ganjam, Berhampur appears through Virtual Mode.

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4 . The Petitioner being in custody in connection with G.R. (POCSO) No.61 of 2020 arising out of Golanthara P.S. Case No.203 of 2020 pending in the Court of learned Addl. Sessions-cum-Spl. Judge, POCSO, Berhampur registered for the alleged commission of offence under Sections 294, 354, 506 of I.P.C and Sections 8, 12 of the POCSO Act read with Sections 3(1)(r)(s), 3(1)(w)(ii), 3(2)(va) of the S.C. and S.T. (POA) Act, has filed this application for his release on bail.

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5 . The brief fact of the case is that on 29.07.2020 at about 1.30 P.M. while the daughter of the informant was at his shop, the present Petitioner came to his shop and asked her to provide a tobacco/Gutka. When the daughter of the informant gave Gutka to the accused Petitioner, he outraged her modesty. When the informant and his daughter protested the accused person, he abused them and threatened them to take away their life. Soon after the said incident, an F.I.R was lodged in the local Police Station. Upon completion of investigation, the Petitioner was arrested.

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6 . Learned counsel for the Petitioner submits that the

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Petitioner was on bail vide order dated 18.09.2020 passed by the learned Court below. He further contends that due to the illness of the Petitioner, he could not attend the Court on the date fixed for which order of N.B.W was

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issued against him.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:10:35

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7 . Learned counsel for the Petitioner further contends that

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non-appearance of the Petitioner in the Court on the effective date was neither intentional nor deliberate. Moreover, the Petitioner is a permanent resident of Village-Kanisi, Pandit Sahi, P.S. Golanthara, DistrictGanjam. Hence, there is no reasonable chance of his absconding from the process of justice. There is also no allegation on behalf of the prosecution that the Petitioner shall tamper the prosecution evidence, if he is released on bail.

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8 . Considering the submission made on behalf of the Petitioner and since the Petitioner could not appear before the concerned Court on the date fixed due to the reasons beyond his control, this Court directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that:

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i. the Petitioner shall before the appear

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concerned Court on each date of listing of the matter;

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ii. the Petitioner shall not indulge himself in any criminal activities in future;

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iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

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iv. the Petitioner shall not threaten the informant or his family members in any manner;

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v. the Petitioner after the onset of monsoon (between June, 2025 to August, 2025), shall plant 200 saplings of local variety like mango, neem, tamarind etc. in and around his village

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:10:35

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over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members.

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Violation of any of the above conditions shall entail cancellation of the bail.

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9. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful.

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10. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

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11. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial.

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12. The BLAPL is, accordingly, disposed of.

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13. Personal appearance of the Superintendent of Police, Ganjam, Berhampur stands dispensed with.

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(Dr. S.K. Panigrahi)

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Signature Not Verified Judge

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Digitally SignedSigned by: AYASKANTA JENA Ayaskanta Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:10:35

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Kadialu Judhisti @ K.Judhistir v. State of Odisha

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Kadialu Judhisti @ K.Judhistir v. State of Odisha

Case brief

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