Orissa High Court
Chandan Das vs State Of Odisha …. Opposite Party(S) on 22 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11645 of 2024
Chandan Das .... Petitioner(s)
Mr. B. K. Behera, Advocate
-versus-
State of Odisha .... Opposite Party(s)
Ms. S. Moharana, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
22.01.2025
Order No.
02. 1. This is an application under Section 439 Cr.P.C.
2. The petitioner is an accused in connection with
Raghunathpali P.S. Case No.56 of 2024 corresponding to Special
G.R. Case No.15 of 2024 for the offences under Sections
363/366/376(2)(n) of I.P.C. read with Section 6 of the POCSO Act
pending in the Court of the learned Adhoc Additional District &
Sessions Judge (FTSC) (POCSO), Rourkela.
3. The statement of the victim under Section 164 Cr.P.C. has
been recorded during course of investigation. She in her statement
inter alia has stated that she was in relationship with the petitioner
and she had voluntarily gone with him to Uttar Pradesh and they are
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also married. However, the parents of the victim are against the
alliance. Hence, the F.I.R. was registered.
4. Learned counsel for the petitioner submits that the parents
of the victim have already been examined. The petitioner is in
custody since 28.01.2024.
5. Ms. Moharana, learned Additional Standing Counsel for
the State submits that the allegation of sexual intercourse is
apparent on record. The victim is 17 years of age. Therefore, the
petitioner is not entitled to bail.
6. I have perused the medical report dated 28.01.2024 which
is placed on record. It is found mentioned in the medical report that
<the victim had sexual relationship since last ten days=.
7. Regard being had to the period of custody from 28.01.2024
and the nature of allegation made against the petitioner, I am of the
considered view that the petitioner shall be allowed to renew his
bail plea immediately after the victim girl is examined. The learned
trial Court is directed to do well to see that the victim is examined
preferentially over all other witnesses.
8. With this observation, the BLAPL is disposed of.
Signature Not Verified
Digitally Signed
Signed by: SWARNAPRAVA DASH
Reason: Authentication (S.S. Mishra)
Location: High Court of Orissa Judge
Date: 23-Jan-2025
Swarna 11:27:45
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