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Sidhant Patra vs State Of Odisha

Orissa High Court · Decided on 26 June 2023 · Citation: (2023) 06 OHC CK 0103

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 323, 341, 366A, 376(2)(n), 376(3) · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2552 Of 2023
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Judgment

11 paragraphs · 355 words

G. Satapathy, J

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special Case No. 415 of 2022 arising out of Pandapada P.S. Case No. 155 of 2022 pending in the file of learned Addl. District & Sessions Judge,-cum-Special Judge (under POCSO Act), Keonjhar for commission of offences punishable under Sections 366-A, 376(2)(n), 376(3), 341, 294, 323/ 34 of the IPC read with Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.

3.

In the course of hearing of the bail application, Mr. D.Sethi, learned counsel for the petitioner submits that the petitioner had married with the victim, but when there was dissensions between the petitioner and the victim, she has falsely foisted the case by alleging dowry torture and sexual exploitation upon her and the petitioner having detained in custody since long, may kindly be granted bail.

4.

Mr. S.R.Roul, learned ASC, however, strongly opposes the bail application of the petitioner.

5.

On the other hand, Mr.B.C.Parija, learned counsel appearing for the informant submits that the victim is a poor girl aged about 15 years and the allegation leveled by her against the petitioner is not only serious, but also gruesome and the victim having already sexually exploited by the petitioner, it would be travesty of justice to grant bail to the petitioner at this stage when trial is yet to commence.

6.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the materials available on record supporting the allegation of the victim against the petitioner and on going through the statement of the victim as well as regard being had to her age, this Court is not inclined to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected.

7.

Accordingly, the BLAPL stands disposed of.

8.

Issue urgent certified copy of the order as per Rules.

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