Anil Paleya Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Anil Paleya Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail not granted at this stage; BLAPL disposed of with directions to the trial court to expedite the trial, ensure early examination of the minor victim and complete the trial by the end of the 3rd Quarter, 2025; petitioner granted liberty to renew the bail prayer if the victim is not examined within six weeks of receipt of a copy of the order.

Issue for consideration

Whether the petitioner, an accused in Special G.R. Case No.139 of 2021 (arising out of Raghunathpalli P.S. Case No.181 of 2021), should be released on bail while the trial is in progress and the minor victim is yet to be examined.

Court's answer

The Court was not inclined to consider release of the accused on bail at this stage, since the trial is in progress and the minor victim is yet to be examined.

Ratio / Principle

Instead of releasing the accused, the Court held that the trial should be expedited, granting him liberty to renew the bail prayer after examination of the minor victim.

Key takeaways

The BLAPL is disposed of with a direction to the learned Adhoc Additional District & Sessions Judge (FTSC) (POCSO), Rourkela to expedite the trial, ensure early examination of the minor victim, and complete the trial by the end of the 3rd Quarter, 2025.ratio¶22
If the victim is not examined within six weeks from the date of receipt of a copy of the order, the petitioner shall have liberty to renew the prayer for bail.ratio¶22

Detailed headnote1 paragraphs

Bail — application for release of accused in Special G.R. Case No.139 of 2021 (Raghunathpalli P.S. Case No.181 of 2021) pending before Adhoc Additional District & Sessions Judge (FTSC) (POCSO), Rourkela — trial in progress, minor victim yet to be examined, informant father already examined as P.W.1 — Court declined bail at this stage but disposed of the BLAPL directing the trial court to expedite the trial, ensure early examination of the minor victim and complete the trial by the end of the 3rd Quarter, 2025 — liberty reserved to the petitioner to renew the bail prayer if the victim is not examined within six weeks of receipt of the order.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8876 of 2024

Anil Paleya

…. Petitioner

Mr. S.R. Das, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. P.K. Ray, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

03.03.2025

Order No.

Heard Mr. Das, learned counsel for the petitioner and State.

Instant petition is filed for release of the petitioner on bail in connection with Special G.R. Case No.139 of 2021 arising out of Raghunathpalli P.S. Case No.181 of 2021 pending in the file of learned Adhoc Additional District & Sessions Judge (FTSC) (POCSO), Rourkela on the grounds stated therein.

In course of hearing, it is brought to the notice of the Court that the trial is in progress, however, the victim is yet to be examined. A status report has been received by the Court as at FlagX and the same is perused. As per the said report, learned Sessions court expected date of completion of trial by the end of 3^rd Quarter, 2025. The copies of the depositions are also available for the Court’s perusal. The informant father of the victim has already been examined as P.W.1 on 5^th August, 2024. The minor victim is not yet examined, as earlier stated. Considering the same and submission of Mr. Das, learned counsel for the petitioner, though, the Court is not inclined to consider release of the accused but is of

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the view that the trial should be expedited granting him the liberty to renew the prayer after such examination of the minor is held.

Accordingly, it is ordered.

In the result, BLAPL is disposed of with a direction to learned Adhoc Additional District & Sessions Judge (FTSC) (POCSO), Rourkela to expedite the trial and ensure early examination of the minor victim and to complete the trial by the end of 3^rd Quarter, 2025. The Court further directs that in case, the victim is not examined within six weeks from the date of receipt of a copy of this order, the petitioner shall have the liberty to renew the prayer for bail.

Urgent certified copy of this order be granted as per rules. A copy of the order be communicated to the court concerned.

(R.K. Pattanaik) Judge

Rojina

Signature Not Verified

Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 04-Mar-2025 19:39:53

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