Single Bench judgment granting bail to an accused charged with offences under IPC and POCSO. The court noted lack of medical evidence of forcible intercourse and approved release after 22 days custody.
Petitioner released on bail on furnishing a bond of Rs.20,000 with two solvent sureties each.
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BLAPL No.2298 of 2016
02.08.2016
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with Special G.
R. Case No.85 of 2015 arising out of Jakhapura P.S. Case No.61 of 2015 pending in the Court of
learned Special Judge, Jajpur for offences punishable under sections 363/366/376 of the India
n Penal Code read with section 4 of the POCSO Act.
The petitioner moved an application for bail before the learned Special Judge,
Jajpur which was rejected on 30.11.2015.
Learned counsel for the State on instruction submits that the victim has alrea
dy got married at some other place.
Learned counsel for the petitioner submits that the petitioner is in custody s
ince 22.08.2015 and in the meantime after completion of investigation, charge sheet has been s
ubmitted under sections 363/366/376 of the Indian Penal Code and section 4 of the POCSO Act. L
earned counsel further submits that the medical examination report of the victim indicates tha
t she had sustained no bodily injury suggesting forcible sexual intercourse and there was no s
ign or symptom of sexual intercourse and it is mentioned that the age of the victim is to be d
etermined by ossification test but no such test has been conducted. Learned counsel further su
bmits that it appears that the victim accompanied the petitioner to Puri and they stayed
in a house and there was physical relationship between them and the petitioner and the victim
moved from place to place and ultimately they came in a train and the petitioner left the vict
im at Dhamnagar. Learned counsel for the petitioner contended that in view of the available ma
terials on record particularly taking into account the period of detention of the petitioner i
n judicial custody, the bail application may be favourably considered.
Learned counsel for the State has produced the case diary and placed the medic
al examination report as well as 164 Cr.P.C. statement of the victim.
Considering the submissions made by the learned counsels for the respective pa
rties, nature of accusation against the petitioner, medical examination report as well as the
period of detention of the petitioner in judicial custody, I am inclined to release the petiti
oner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bai
l bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like am
ount to the satisfaction of the Court in seisin over the matter with further terms and conditi
ons as the learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
..
S. K. Sahoo, J.
4
1 issue framed by the court
Whether the petitioner should be released on bail after the rejection by the Special Judge.
3 provisions across 3 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court