In a bail petition under BLAPL No.3551 of 2017, this court held that the petitioner, a minor accused of aiding in kidnapping and sexual assault of a minor, deserves release on bail as there was no indication he would abscond or tamper with evidence.
Petitioner released on bail by the court in seisin over the matter on such terms as deemed just and proper.
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BLAPL No.3551 of 2017
03. 15.07.2017 Heard the learned counsel for the petitioner a
nd the learned counsel for the State.
The petitioner being in custody in G.R. Case No.364 of 2017, arising out of Jeypore P.
S. Case No.61 of 2017, pending in the court of learned Additional Sessions Judge-Cum-Special J
udge, Jeypore, has filed this petition for his release on bail. The offences alleged against
the petitioner are punishable under Sections 363/ 366/ 376(2)(i)(n)/ 34 of the I.P.C. and Sect
ion 6 of the POCSO Act.
It appears that one Bulu Suna stated to have called the victim from her house and kidn
apped her and committed sexual intercourse with her. The victim is a minor. The only allegatio
n against the petitioner is that he stated to have helped the said Bulu Suna. Investigation ha
s substantially progressed. Nothing is there indicating the fact that the petitioner shall abs
cond and/or tamper with the prosecution evidence, if released on bail.
Therefore, regard being had to the facts and submissions made, especially the role asc
ribed to the petitioner and the circumstances in which the offences alleged to have been commi
tted and also the fact that no material being produced indicating the fact that the petitioner
shall abscond and/or tamper with the prosecution evidence, if released on bail, this Court is
of the view that the petitioner 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 the trial court may deem it 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.
BJ
2
2 issues framed by the court
Whether the petitioner, a minor accused in a kidnapping and sexual offence case, deserves bail given his alleged secondary role.
Whether there are reasonable grounds to believe the petitioner will abscond or tamper with evidence if released on bail.
2 provisions across 2 enactments
The Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court