The court allowed the petitioner's bail petition in a Special POCSO and IPC case. Finding no material indicating the risk of absconding or tampering with evidence, the judge released the accused on bail.
Petitioner be released on bail in Special POCSO Case No.25 of 2017 and Kaniha P.S. Case No.56 of 2017 by the Court in seisin over the matter.
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BLAPL No.3511 of 2017
15.07.2017
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner being in custody in Special (POCSO) Case No.25 of 2017, arising out of K
aniha P.S. Case No.56 of 2017, pending in the court of the learned Special Judge-cum-Addl. Ses
sions Judge, Angul, has filed this petition for his release on bail. The offences alleged agai
nst him are punishable under Sections 376(2)(n)(i), 506 of IPC and Section 6 of the Protection
of Children from Sexual Offences Act, 2012.
The materials available on record would go to show that when the victim had been to her
cousin sisters house, the present petitioner, who is the brother-in-law of her cousin sister,
had sexual intercourse with her, married her in a temple and kept her in his house. The victi
m is more than 17 years on the date of occurrence. Investigation in this case has substantiall
y progressed. Nothing is there on record indicating the fact that the petitioner shall abscond
and/or tamper with the prosecution evidence, if released on bail.
Therefore, regard being had to the aforesaid facts and submissions made, especially the
nature of accusation, character of supportive materials appearing against the petitioner in s
upport of the charge, circumstances in which the offences alleged to have been committed and f
actum of substantial progress in the investigation and hardly any material being there to sugg
est that the petitioner is likely to abscond or tamper with the prosecution evidence, if enlar
ged on bail, I am of the view that the petitioner in this case deserves to be released on bail
Hence, the petitioner be released on bail in the aforesaid case by the Court in seisin
over the matter on such terms and conditions as it would deem just and proper.
Accordingly, the BLAPL stands disposed of being allowed.Urgent certified copy of this order be granted on proper application. S.Pujahari, J.
2
2 issues framed by the court
Whether the petitioner, an accused in a POCSO and IPC offence, deserves release on bail given the substantial progress of investigation and lack of absconding materials.
Whether the facts support granting bail pending trial in the aforementioned specific cases.
2 provisions across 2 enactments
The Petitioner
The State
S. Pujahari
As recorded by the court registry
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