Allowed
Suraj Bagh v. State of Orissa
Orissa HCBLAPL/4096/2015
Case brief
from the order text
What is this about?
of 2015 07.12.2015 Heard learned counsel for…
What the court decided
AI extract
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BLAPL No.4096 of 2015
07.12.2015 Heard learned counsel for the petitioner and learned Additional Standing Counsel.
The petitioner, who is aged about 20 years, has been implicated in offence punishabl
e under Sections 376 (2)(i)(n), I.P.C. and other allied offences.
Learned counsel for the petitioner submits that there was love affair between the pe
titioner and the victim girl since about three years.
Charge-sheet in the case is stated to have been filed in the meantime.
Considered the materials placed by learned counsels for the parties.
Taking into consideration the facts and submission, factum of permanent residence of
the petitioner, his tender age, possibility of reform in him and completion of investigation
in the meantime, it is directed that the petitioner shall be released on bail by the learned S
essions Judge-cum-Special Judge, Nabarangpur in C.T. Case No.121 of 2015 on such terms and con
ditions as deemed just and proper.
The BLAPL is accordingly disposed of.
rder be granted as per rules.
By order.
2
3 issues framed by the court
Whether a petitioner aged about 20 years implicated under Section 376 IPC is entitled to bail considering his tender age, possibility of reform, and completion of investigation.
Whether the restrictions on bail in POCSO cases apply mutatis mutandis to victims of sexual offences under Section 376(2)(i)(r) IPC.
What terms and conditions for bail should be framed by the Special Court in crimes involving contemptibility towards minors.
Petitioner
State/Investigating Agency
As recorded by the court registry
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