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Satyabrata Pati vs State Of Odisha And Another

Orissa High Court · Decided on 13 October 2023 · Citation: (2023) 10 OHC CK 0092

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 34, 109, 363
RESULT
Dismissed
CASE NUMBER
Bail Application No. 11170 Of 2023
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Judgment

14 paragraphs · 363 words

Savitri Ratho, J

1.

Heard Mr. B. Rout, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State.

2.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Dhusuri P.S. Case No.

141 of 2023 corresponding to Special POCSO Case No. 38 of 2023 pending in the Court of the learned Addl. District and Sessions Judge -cum- Special Court under POCSO Act, Bhadrak registered for commission of offence punishable under Sections 363, 109, 34 of IPC.

3.

The petitioner had moved an application for bail before the Court of learned A.D.J. -cum- Special Court under POCSO Act, Bhadrak which was rejected on 18.07.2023.

4.

The allegation against the petitioner is that as per the statement of the victim recorded under Section 164 Cr.P.C. the petitioner along with his relatives had kidnapped the victim in a Bolero car by closing her mouth with a cloth and taken her to Kolkata where she was forced to have sexual intercourse with the petitioner after being made to drink a cold drink mixed with an intoxicant. She was later left in her village.

5.

Mr. B. Rout, learned counsel for the petitioner submits that the petitioner and the victim were in love and had eloped together but due to some misunderstanding she had made allegations against him.

6.

Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State places the statement of the victim recorded under Section 164 Cr.P.C. where she has made allegations that the petitioner forcibly had sexual intercourse with her after making her consume cold drink mixed with intoxicant.

7.

Considering the nature of allegations, I am not inclined to allow the prayer for bail of the petitioner.

8.

The BLAPL is accordingly dismissed.

9.

Mr. B. Rout, learned counsel for the petitioner prays for liberty to move the learned counsel below afresh for bail.

10.

No liberty is necessary to the petitioner. It is open to the petitioner to move for bail afresh if so advised which shall be considered in accordance with law.

11.

Urgent certified copy of this order be granted on proper application.

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