This court refused to grant anticipatory bail. Instead, it observed that if the petitioner surrenders and applies for bail subsequently, that application will be disposed of on its own merit, considering facts including any settlement.
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ABLAPL No. 17758 of 2016
2. 29.11.2016 The petitioner having been implicated in Spl. G.R. Case No.
147 of 2016 arising out of Korai P.S. Case No. 162 of 2016 registered for alleged commission o
f offence under Sections 354-A/354-B IPC read with section 8 of POCSO Act pending in the court
of learned Special Judge-cum-Dist. & Sessions Judge, Jajpur has filed this application under
Section 438 Cr.P.C. for grant of anticipatory bail.
Heard the learned counsel for the petitioner and the learned counsel for t
he State.
Considering the submission and viewing the nature of accusati
on against this petitioner, while being not inclined to grant anticipatory bail to the petitio
ner, it is observed that in the event, he surrenders in the court below and moves for his rele
ase on bail, the same shall be considered on its own merit and disposed of in accordance with
law early without being influenced by this order in further taking into consideration the fac
tum of settlement if any as is submitted as per law..
The ABLAPL is accordingly disposed of.
..
D. Dash, J.
Aks
2 issues framed by the court
Whether to grant anticipatory bail in an offence under Sections 354-A/354-B IPC read with Section 8 of the POCSO Act.
How to treat a subsequent bail application if the petitioner surrenders.
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court