Orissa High Court
Bikram Kesari Sahoo @ vs State Of Odisha on 4 August, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2533 of 2021
Bikram Kesari Sahoo @
Babu .... Petitioner
Mr. B.S. Das Parida, Advocate
-versus-
1. State of Odisha
2. Biswajit Sahoo .... Opp. Parties
Mr. A.K. Beura
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.08.2021
05. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
Mr. Dolagobinda Swain, S.I. of Police of Narasinghpur police station and the informant, who is the father of the victim so also the victim is present through virtual mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Special G.R. Case No.18 of 2021 arising out of Narsinghpur P.S. Case No.15 of 2021 pending in the Court of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Cuttack for offences punishable under sections // 2 // 363/294/506/366/376(2)(n)/376(3)/354-D/509/34 of the Indian Penal Code read with sections 6 and 17 of the POCSO Act.
The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Cuttack vide order dated 09.03.2021.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 27.01.2021 and he has been charge sheeted under sections 363/294/506/366/376(2)(n)/376(3)/354-D/509/34 of the Indian Penal Code read with sections 6 and 17 of the POCSO Act. He further submitted that from the 164 Cr.P.C. statement of the victim, there is nothing to make out the offences under sections 376(2)(n) as well as 376(3) of the Indian Penal Code and further appears that the victim had already attained the age of discretion and she moved with the petitioner from place to place like Angul and Rourkela and stayed together in the relation's house of the petitioner and so far as physical relationship is concerned, the victim has stated that the petitioner gave her only kisses. He further submitted that the petitioner is a young boy, who is a student of +3 at Narasinghpur College and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that Page 2 of 4 // 3 // the date of birth of the victim is 20.02.2005 and the occurrence in question took place on 24.01.2021 and therefore, the victim was fifteen years eleven months at the time of occurrence and the materials available on record, particularly, the statements of the victim indicate that the petitioner threatened the victim to viral the conversation between them which was the reason for which the victim accompanied with the petitioner under pressure. He further submitted that there is chance of tampering with the evidence and trial has not yet commenced and therefore, the bail application of the petitioner should be rejected.
The informant as well as the victim appearing through virtual mode as per the necessary arrangement made by the S.I. of Police of Narasinghpur police station also vehemently opposed the prayer for bail and submitted that there is threat to their lives, in case the petitioner is released on bail.
Considering the submissions made by the learned counsel for the respective parties, the age of the victim at the time of occurrence, the surrounding circumstances under which the offences alleged to have taken place and the 164 Cr.P.C. statement of the victim, at this stage, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and steps shall be taken for examination of the victim at the first instance. The petitioner is at liberty to renew his prayer for bail Page 3 of 4 // 4 // after examination of the victim in the trial Court.
The BLAPL is accordingly disposed of. A copy of the order be communicated to the learned trial Court for compliance.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge RKM Page 4 of 4