Petitioner sought anticipatory bail fearing arrest under IPC and POCSO Act. Court rejected application but granted liberty to surrender and apply for bail within 21 working days for immediate disposal by Special Judge.
Anticipatory bail rejected; liberty granted to surrender and apply for bail within 21 working days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No. 14025 of 2016
14.12.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
The petitioner is apprehending arrest for the alleged commission of offences under Sect
ions 363, 376, 294, 507 and 506/34 of the I.P.C. read with Section 4 of the POCSO Act in Speci
al G.R. Case No. 102 of 2016 of the court of District & Sessions Judge-cum-Special Judge, Jajp
ur, arising out of Bari-Ramachandrapur P.S. Case No. 69 of 2016.
From the contents of the F.I.R. it reveals that the aforesaid offences are prima facie
made out against the petitioner. This Court is not inclined to grant anticipatory bail to the
petitioner. Accordingly, same is rejected.
However, keeping in view the further submission made by the learned counsel for the pet
itioner, the petitioner is given liberty to surrender before the learned District & Sessions J
udge-cum-Special Judge, Jajpur in the aforesaid case within 21 working days and apply for bail
. On such event, the learned Special Judge shall consider his application and dispose of the s
ame on the same day.
This Court has not expressed any opinion on the merits of the case on any future applic
ation under Section 439 Cr.P.C. that may be filed before the learned District & Sessions Judge
-cum-Special Judge, Jajpur.
Accordingly, the ABLAPL is disposed of.
JS Urgent certified copy of this order be granted on proper application. ....
2 issues framed by the court
Whether anticipatory bail be granted to the petitioner who is apprehending arrest for offences under IPC and POCSO Act.
What liberty should be granted if the justice of the case demands it.
2 provisions across 2 enactments
The Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court