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G. SATAPATHY
Ramesh Chandra Sahoo – Appellant
Versus
State of Orissa – Respondent
JUDGMENT (ORAL)
G. Satapathy, J.—This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Raghunathpur PS Case No.155 of 2025 corresponding to Spl. GR Case No.74 of 2025 pending in the file of learned Additional Sessions Judge-Cum-Special Judge under the Protection of Children from Sexual Offences Act, 2012 (in short, “the POCSO Act”), Jagatsinghpur, for commission of offences punishable U/Ss.74 of Bharatiya Nyaya Sanhita, 2023 (in short, “the BNS”) r/w Sections 12/21(2) of POCSO Act.
2. The facts as emerged out from the record are that the petitioner was the Principal of Swami Arupananda Higher Secondary School of Education & Technology, Kurtanga and the victim girl was a student of that school at the relevant time of occurrence in which the victim girl was subjected to sexual harassment and misbehavior by the accused Math Lecturer namely, Saswat Kumar Mohanty and on 15.01.2025, the victim girl had accordingly lodged one complaint before the petitioner about the misbehavior and harassment to her by the accused Math Lecturer Saswat Kumar Mohanty, but the petitioner being the Principal of the College suppressed the matter in nexus with co-
Bail – A person cannot be detained in custody without sanction of law – In a case for commission of bailable offence, accused has fundamental right to be released on bail.
Denial of bail for a bailable offence violates personal liberty protected under Article 21, affirming the fundamental right to bail.
The main legal point established in the judgment is the requirement of sexual intent for the offence of sexual harassment under the POCSO Act, the presumption of innocence until proven guilty, and th....
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
Point of Law : Section 2(a) of Cr.P.C. defines bailable offence as "an offence which is shown as bailable in First Schedule, or which is made bailable by any other law for time being in force."
The court emphasized the importance of the victim's well-being and ongoing examinations in denying bail to an accused charged under the POCSO Act.
The court considered the maximum punishment, completion of investigation, and the need for trial in granting bail to the petitioner.
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witness....
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