High CourtsSingle Bench

Kalu Charan Behera vs State Of Odisha

Orissa High Court · Decided on 12 June 2024 · Citation: (2024) 06 OHC CK 0050

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164 · Indian Penal Code, 1860 — Section 363, 366, 376(2)(n) · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5797 Of 2024
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Judgment

10 paragraphs · 223 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioner is in custody since 17.10.2023 in connection with Purushottampur P.S. Case No. 721 of 2023 corresponding to G.R. Case No. 197/2023(T.R. No.44/2024-FTSC), pending before the Court of learned Ad-hoc Additional District and Sessions Judge (FTSA) under POCSO Act, Berhampur for the alleged commission of the offence under Sections 363/366/376(2)(n) and Section 6 of the POCSO Act.

4.

It is alleged that the petitioner kidnapped the minor daughter of the informant. The victim girl was subsequently recovered and her statement was recorded under Section 164 of Cr.P.C. Perusal of the statement reveals a different story.

5.

Considering the nature of the accusations, the materials on record, the statement of the victim and the fact that charge sheet has already been submitted, I am inclined to allow the prayer for bail.

6.

Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail.

6.

The  BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

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