Allowed

Kishan Majhi@Banti v. State of Odisha

Orissa HC7 Jan 2025BLAPL/4100/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. in a POCSO case involving alleged kidnapping and relationship with a minor victim. Court noted the parties' relationship, two-day absence together, trial underway with eight witnesses examined, and granted bail with conditions.

What did the court decide?

Petitioner directed to be released on bail on furnishing bail bond of Rs.40,000 with one solvent surety; further conditions left to trial court.

Kishan Majhi@Banti 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.4100 of 2024

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Kishan Majhi @ Banti …. Petitioner

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Mr. D.P.S. Mallick, Advocate

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-Versus-

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State of Odisha & another

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…. Opposite Parties

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Mr. P.K. Mohanty, AGA

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CORAM: MR. JUSTICE R.K. PATTANAIK

ORDER

07.01.2025

Order No.

Heard Mr. Nayak, learned counsel for the petitioner and Mr. Mohanty, learned ASC for the State.

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None appears for opposite party No.2.

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In fact, this Court, vide order dated 3^rd May, 2024, had issued notice to opposite party No.2, which is said to have been served in view of the Postal Tracking Report at Flag-X. In absence of any response from opposite party No.2, since notice to him stands delivered on 15^th June, 2024, the bail petition is heard and disposed of by the following order.

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Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with Special G.R. Case No.19 of 2023 pending in the file of learned ADJ-cum-Special Judge, (POCSO), Balangir corresponding to Saintala P.S. Case No.65 of 2023 on the grounds stated therein.

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Referring to the statement of the victim recorded under Section 161 Cr.P.C. and with a claim that she was in relationship with the petitioner, learned counsel appearing for him submits that

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the accused should be released on bail subject to conditions. It is submitted that the trial is already commenced and 8 witnesses have been examined from the side of the prosecution so far. It is further submitted that the victim joined the company of the petitioner on her own and both stayed together for couple of days and returned thereafter. With the above submission, learned counsel for the petitioner requests for release of the accused on bail with conditions.

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Mr. Mohanty, learned ASC for the State refers to the statement of the victim recorded under Section 164 Cr.P.C. and claims that the petitioner is responsible for kidnapping and having committed sexual mischief with her and hence, he should not be released on bail.

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Perused the statement of the victim as at Annexure-3 and a copy of the statement under Section 164 Cr.P.C. as made available to the Court by Mr. Mohanty, learned ASC for the State. It is made to suggest that the parties to be in a relationship at the time of alleged occurrence when the victim was allegedly kidnapped. It is revealed from the statement of the victim recorded under Section 161 Cr.P.C. that she was taken from the village in a motorcycle and both stayed together for two days and at that time, physical relationship was developed. Admittedly, the victim was a minor at the relevant point of time. The alleged occurrence is of the year 2023 and as on date, eight witnesses have been examined from the side of the prosecution.

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Considering the fact that the petitioner was in a relationship with the victim and both remained outside for two days though he is alleged of kidnapping and having regard to the fact that the trial is not likely to be concluded soon, this Court is of the view that the

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accused, who is in custody since the date of arrest, should be allowed to go on bail subject to following conditions.

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Hence, it is ordered.

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In the result, petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with Special G.R. Case No.19 of 2023 corresponding to Saintala P.S. Case No.65 of 2023 subject to him furnishing a bail bond of Rs.40,000/-(Rupees forty thousand) with one solvent surety for the like amount to the satisfaction of learned ADJ-cum-Special Judge, (POCSO), Balangir, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

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BLAPL stands disposed of.

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Issue urgent certified copy as per rules.

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(R.K. Pattanaik) Judge

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Alok

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Signature Not Verified

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Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Asst. Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 08-Jan-2025 11:19:08

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Kishan Majhi@Banti v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kishan Majhi@Banti v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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