Orissa High Court
Alok @ Chittaranjan vs State Of Odisha on 18 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.214 of 2023
Alok @ Chittaranjan .... Appellant/
Pradhan Petitioner
Mr. Amitav Tripathy, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 18.10.2023
I.A. No.444 of 2023
03. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application under section 389(2) Cr.P.C.
for grant of bail.
Heard learned counsel for the petitioner and learned
counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offences punishable under sections 363/366/376(3)
I.P.C. and section 6 of the POCSO Act and sentenced to
undergo R.I. for a period of three years and to pay a fine
of Rs.5,000/-(rupees five thousand), in default, to
undergo R.I. for a further period of two months for the
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offence under section 363 of the I.P.C., to undergo R.I.
for a period of five years and to pay a fine of Rs.10,000/-
(rupees ten thousand), in default, to undergo R.I. for a
further period of three months for the offence under
section 366 of the I.P.C., to undergo R.I. for a period of
twenty years and to pay a fine of Rs.15,000/-(rupees
fifteen thousand), in default, to undergo R.I. for a further
period of six months of the offence under section 6 of the
POCSO Act and in view of section 42 of the POCSO Act,
no separate sentence has been awarded for the offence
under section 376(3) of the I.P.C. and all the substantive
sentences were directed to run concurrently by the
learned Addl. Sessions Judge -cum- Special Court under
POCSO Act, Nayagarh vide judgment and order dated
10th January 2023 in T.R. Case No.75 of 2021.
Learned counsel for the petitioner submitted that
the petitioner was taken into judicial custody in
connection with this case on 17.04.2021 and since then,
he was never released on bail. Learned counsel further
submitted that the victim (P.W.2) eloped with the
petitioner at the first instance for which this case was
instituted and when she was rescued, she again eloped
with the petitioner for which another case i.e. Nayapalli
P.S. Case No.585 dated 29.12.2018 was instituted and in
that case, the petitioner has already been released on
bail. Learned counsel files the xerox copy of the bail
order, which is taken on record. Learned counsel
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further submitted in view of the statement of the victim
(P.W.2) and the doctor (P.W.9), the petitioner has good
chances of success in the appeal and there is no chance
of early hearing of the appeal in the near future and
balance of convenience is in his favour and therefore, the
bail application may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that the victim
was minor as on the date of occurrence.
The doctor (P.W.9) has stated that there was no
injury on the body of the victim suggestive of forcible
sexual intercourse and no physical clue of alleged sexual
offence so also no sign or symptom of recent sexual
intercourse.
Considering the submissions made by the learned
counsel for the respective parties, the nature of
evidence adduced during trial, the substantive sentence
imposed on the petitioner, the period of detention of the
petitioner in judicial custody and absence of any chance
of early hearing of the appeal in the near future, I am
inclined to release the petitioner on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond
of Rs.50,000/- (rupees fifty thousand) with two solvent
sureties each for the like amount to the satisfaction of
the learned trial Court with such terms and conditions
as the learned Court may deem just and proper.
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The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
I.A. No.443 of 2022
04. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount
imposed on the appellant-petitioner pursuant to the order
dated 10th January 2023 passed by the learned Addl.
Sessions Judge -cum- Special Court under POCSO Act,
Nayagarh in T.R. Case No.75 of 2021 pending disposal of
the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
Sipun
Signature Not Verified
Digitally Signed
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 19-Oct-2023 15:30:00
