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Hemanta Kumar Nayak vs State Of Odisha

Orissa High Court · Decided on 14 December 2023 · Citation: (2023) 12 OHC CK 0067

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 354C/ · Protection of Children from Sexual Offences Act, 2012 — Section 12 · Information Technology Act, 2000 — Section 66(E) ,67(B)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8335 Of 2023
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Judgment

16 paragraphs · 373 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the informant.

2.

The Petitioner is an accused in connection with Special G.R. Case No.87 of 2023, pending before the Court of the learned Addl. Dist. & Sessions Judge-Cum-Special Court under POCSO Act, Berhampur, arising out of RAMBHA P.S. CASE NO.339 OF 2023, for alleged commission of offences under Sections-354-C/34 of IPC and Section 66(E) ,67 (B) of IT Act, 2000 and Section 12 of the POCSO Act.

3.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Spl. Court under POCSO Act, Berhampur by order dated 19.07.2023 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner is in custody since 29.06.2023 and as charge sheet has already been submitted on 16.07.2023, he may be released on bail.

6.

Learned counsel for the Petitioner further submits that the Petitioner is the first offender.

7.

Learned counsel for the State as well as the learned counsel for the informant oppose the prayer for bail, inter alia, on the ground that the Petitioner circulated the offending video transgressing the dignity of the victim.

8.

Perused the 164 Cr.P.C. statement of the victim.

9.

Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent of any nature.

10.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

11.

It is further directed that the petitioner shall not in way try to intimidate the victim and/or her family.

12.

It shall be open to the informant prosecution as well as to the informant to seek variance of this order, in the event there is any threat perception.

13.

Accordingly, the BLAPL stands disposed of.

14.

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

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