Orissa High Court
BLAPL/5143/2020 on 19 January, 2021
BLAPL No.5143 of 2020
05. 19.01.2021 This matter is taken up through video
conferencing.
Heard, learned counsel for the petitioner and
learned counsel for the State.
The petitioner being in custody in connection with
Berhampur Town PS Case No.94 of 2020 corresponding
to GR Case No.24 of 2020 pending in the court of
learned Special Judge (POCSO)-cum-2nd Additional
Sessions Judge, Berhampur registered for the alleged
commission of offences under Sections 341, 323, 363,
365, 377, 506 of IPC and read with Section 6 of the
POCSO Act, has filed this application under Section 439
of CrPC for his release on bail.
The brief fact of the case is that on 14.05.2020
evening, the victim boy aged about 13 years, who
happens to be the nephew of the informant, had been to
the house of his brother-in-law in Niladri Bihar
Apartment and did not return till 11:30 PM. The
informant came to know from his brother-in-law over
phone that the victim boy had already left for his house.
The informant and others searched for the victim boy,
but could not trace him out. At about 12:30 AM, the
informant came to know that the victim boy had already
reached the house. The informant returned to his house
and found the victim crying. He noticed bloodstain on
the back of the lungi of the victim boy. The informant
came to know from the victim boy that while he was
returning to his house from his brother-in-law's house,
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one person came by a scooty, restrained him and
impersonating himself as police, forcibly made him sit
on his scooty and took him to a semi-constructed
house. The said person threatened the victim boy and
laid him on the ground. He put his private part in the
mouth of the victim boy. Thereafter, he lifted the lungi
of the victim and penetrated his private part into the
anus of the victim boy. He threatened to eliminate him,
if he raised any hulla and left the victim at Tulasi
Nagar.
Learned counsel for the petitioner submits that TI
Parade was conducted after long time of the occurrence.
The identification in the TI Parade is itself is under
cloud. Charge-sheet has been filed in this case but trial
has not yet been commenced.
It is further submitted that the petitioner is in
custody since long and it defeats the purpose of
criminal justice system. In view of the judgment as laid
down in Hussainara Khatoon Vrs. State of Bihar
wherein Hon'ble Supreme Court held that right to have
speedy trial is a fundamental right of a citizen. Hence,
keeping a person in custody for such a long time
without any trial, is not justified and violation of
fundamental right.
Learned counsel for the State vehemently objected
the prayer for bail of the petitioner.
Considering the submissions made, facts and
circumstances of case, it is directed that the petitioner
be released on bail with some stringent terms and
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conditions as deemed just and proper by the learned
Special Judge (POCSO) - cum -2nd Additional Sessions
Judge, Berhampur in the aforesaid case with further
conditions that:-
i) The petitioner shall appear before the learned
trial court on each date of posting and
ii) he shall not tamper the evidence of the
prosecution witnesses in any manner.
Violation of any of the conditions shall entail
cancellation of the bail.
The BLAPL is accordingly disposed of.
Petitioner may utilize the soft copy of this order
available in the High Court's website or printout thereof
at par with certified copies in the manner prescribed,
vide Court's Notice No. 4587 dated 25.03.2020.
.............................
S. K. Panigrahi, J.
AKP
