CourtKutchehry.com
High CourtsSingle Bench

Sabhapati Ganda vs State Of Odisha

Orissa High Court · Decided on 22 September 2023 · Citation: (2023) 09 OHC CK 0164

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 363, 366, 376(2)(n), 376(3), 506 · Protection of Children from Sexual Offences Act, 2012 — Section 6 · Information Technology Act, 2000 — Section 66E
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3410 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

14 paragraphs · 366 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in connection with T.R. Case No.49 of 2022, pending on the file of learned Special Court under POCSO Act-cum-Addl. Sessions Judge, Jeypore, arising out of Boriguma P.S. Case No.79 of 2022 for commission of the offence under Sections 363/366/376(2)(n)/376(3)/506 IPC and Section 6 of the POCSO Act and Section 66E of the I.T Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Court under POCSO Act-cum-Addl. Sessions Judge, Jeypore, by order dated 21.11.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 09.05.2022 and in the meanwhile the victim and her parents have been examined. Further, since the victim (P.W.2) has not supported the prosecution, the Petitioner seeks release.

5.

It is stated that the Petitioner is the first offender.

6.

Leaned counsel for the State opposes the prayer for bail.

7.

Perused the report submitted by the learned Court in seisin indicating that the case is likely disposed of by end of 4th quarter, 2023.

8.

Taking note of the progress in trial, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

9.

Before releasing, learned Court in seisin is called upon to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

10.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. Petitioner shall not threaten the victim and/or her family members. It shall be open to the victim to seek variance of this order in the event there is any threat perception.

11.

Accordingly, the BLAPL stands disposed of.

12.

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

……………………………..