The High Court dismissed a bail application filed by a petitioner in custody for rape and POCSO offences. The court refused to grant bail merely on the grounds of prolonged detention, emphasizing the gravity of the offence and rejecting the petitioner's arguments.
The bail application is dismissed; the petitioner is ordered to remain in custody.
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BLAPL No.3120 of 2016
04. 22.08.2016 Heard learned counsel for the petitioner and t
he learned counsel for the State.
The petitioner is in custody in C.T. (Special) Case No.06 of 2013 arising out
of Kankadahad P.S. Case No.39 of 2013 pending before the learned Sessions Judge, Dhenkanal for
offence under section 376, I.P.C. read with section 6 of the POCSO Act.
The prayer for bail of this petitioner has been repeatedly rejected on merit i
n BLAPL Nos.27834 of 2013,21867 of 2014 and 3133 of 2015.
Learned counsel for the petitioner instead of pressing the bail application on
merit now submits that looking at the long period of detention of the petitioner in custody a
nd non-conclusion of the trial by now, the petitioner need be released on bail with such strin
gent terms and conditions.
Learned counsel for the State vehemently opposes the move placing the material
s.
Considering the submissions and on going through the materials as placed, view
ing the nature and the gravity of the offence, I am not inclined to release the petitioner on
bail merely taking into account the period of detention of the petitioner in custody. However,
it is again observed that the trial court would do well to make all endeavour for early concl
usion of the trial.
The BLAPL is accordingly dismissed.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
H
2 issues framed by the court
Whether the petitioner should be released on bail considering the long period of detention despite repeated bail rejections.
Whether bail can be granted solely on the ground of extended custody duration in a non-concluded trial of a serious POCSO adultery offence.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
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