Pradeep Jena Vs State of Odisha

Instant petition is filed for release of the petitioner on bail in connection with Angul Sadar P.S. Case No.591 of 2024 corresponding to Special (POCSO) Case No.64 of 2024 pending in the file of learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Angul on the grounds stated therein.

¶18

Perused the F.I.R. and rejection order as at Annexure-1 & 2.

¶19

The statement of the victim recorded under Section 180 BNS is produced and the same is gone through. The manner of treatment meted out to the victim at the instance of the petitioner, who happens to be her father stands narrated in her said statement. It is alleged that the petitioner attempted to commit excess and exploit the daughter sexually taking advantage of the situation. The Court finds that the mother of the victim is staying separately from the petitioner, since last eight to nine years. The other co-accused persons are on bail after notice under Section 35 BNSS. Gone through the statement of the witnesses recorded during investigation. The Court finds that the petitioner did commit the excess and sexually harassed the informant-daughter. It is alleged that at times, the petitioner subjected the informant victim to

¶20

Page 1 of 2

¶21

molestation. The petitioner, hence, for the alleged mischief has been chargesheeted for an offence under Section 12 of the POCSO Act. At present, the informant-victim is staying with her mother as informed by learned counsel appearing for the petitioner. The accused has been in custody from 13^th October, 2024. Considering the above facts and submissions of the learned counsel for the respective parties and the nature of mischief committed by the petitioner at times under the influence of alcohol, who has been in custody for the last five months and presently, the informant-daughter is claimed to be staying with her mother separated long from him, the Court is inclined to direct his release on bail with stringent conditions.

¶22

Accordingly, it is ordered.

¶23

In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with Angul Sadar P.S. Case No.591 of 2024 corresponding to Special (POCSO) Case No.64 of 2024 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 the learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Angul, who shall be at liberty to impose such other conditions besides the following, such as, he shall not commit any further mischief or cause any harm to the informant-daughter in any manner, whatsoever, after being released. It is further directed that in case any of the conditions imposed is or are violated, it shall forthwith entail cancellation of bail granted to the petitioner.

¶24

The BLAPL stands disposed of.

¶25

Signature Not Verified

¶26

Urgent certified copy of this order be granted as per rules.

¶27

Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: OHC,Cuttackkabita Date: 18-Mar-2025 14:19:35

¶28

(R.K. Pattanaik) Judge

¶29

Page 2 of 2

Pradeep Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pradeep Jena 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

Similar cases

Rural Institute of Higher College., Balasore, Bhograi Vs Jaleswarpur Govt. High School., Balasore

Mallilata Bhoi Vs Kiran Kumar Mishra

Annapurna Mahasuar Vs Hari Narayan Pratihari

Ajay Kumar Naik Vs State of Odisha

Swaraj Kumar Panigrahi Vs State of Odisha

Enush Gamang Vs State of Odisha