This court disposed of an application under Section 438 Cr.P.C. granting directions to the petitioners to surrender for bail in the name of the accused discharged U/S. 376 IPC read with POCSO.
Directions given to petitioners to surrender within seven days and move for bail before the Special Judge-cum-Addl. Sessions Judge.
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ABLAPL NO. 5768 of 2017
02. 10.05.2017 Heard.
This is an application U/S. 438 Cr. P.C.
The petitioners are stated to be the father and brother of the principal accus
ed- Minaketan Bhoi, against whom substantive allegation constituting the offence punishable U/
S. 376 IPC read with Section 6 of the POCSO Act is made out.
Perused the copy of the F.I.R. attached to the ABLAPL petition.
Considered the materials placed by learned counsel for the parties.
Taking into consideration the facts and submissions, factum of permanent resid
ence of the petitioners and nature of allegation, it is observed that the petitioners, if so a
dvised, may surrender before the learned Special Judge-cum-Addl. Sessions Judge, Bolangir in T
usura P.S. Case No.74 of 2017 corresponding to Spl. G.R. Case No. 33 of 2017 within seven days
from the date of reopening of the Court after the ensuing Summer vacation and move for bail.
In the event of their surrender and motion for bail, learned Special Judge-cum-Addl. Sessions
Judge, Bolangir shall allow the petitioners to go on bail on such terms and conditions as dee
med just and proper.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
Subha
1 issue framed by the court
Whether anticipatory bail can be granted to relatives of the accused in a POCSO case involving rape.
3 provisions across 3 enactments
Minaketan Bhoi
Petitioners
Subha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court