The ABLA rejected an application for anticipatory bail filed by an accused apprehending arrest for serious sexual offences under IPC 376(2)(i), IPC 493, 363, and POCSO Act, citing the gravity of allegations and criminal antecedents.
The application for anticipatory bail is rejected.
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24.ABLAPL No. 11.20164888 of 2016
Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
2. The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 363, 493, 376(2)(i) and 109/34 of the I.P.C. read with Section 4 of the POCSO Act in Spe
cial Case No. 378 of 2016 of the court of Special Judge-cum-Sessions Judge, Balasore, arising
out of Balasore Town P.S. Case No. 199 of 2016.
3. Perused the statement of the victim girl recorded under section 164, Cr.P.C. A clear c
ase of offence under Section 376(2)(i) of the I.P.C. is made out against the petitioner. This
Court is not inclined to grant anticipatory bail to the petitioner.
4. Keeping in view the nature of allegations, facts of the case, gravity of offence, crim
inal antecedents reported against him and greater and larger interest of the State and Society
, this Court is not inclined to grant anticipatory bail to the petitioner.
The ABLAPL is accordingly rejected. . S.K.Mishra, J.
2
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner facing offences under IPC 376(2)(i) read with POCSO Act.
Whether the magnitude of offence and criminal antecedents negate the necessity of bail.
The Petitioner
The State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court