Allowed

Ujjal Mistry v. State of Orissa

Orissa HC7 Jul 2017BLAPL/4244/2017

Case brief

AI extract

What is this about?

In BLAPL No.4244 of 2017, the court considered a bail petition filed by an accused in custody awaiting trial for offences under Sections 363/376(2)(n) IPC and Section 6 of POCSO. The court granted bail based on the victim’s statement and the absence of indicators suggesting tampering.

What did the court decide?

The petitioner is released on bail in C.T. Case No.38 of 2017 on terms to be fixed by the court in seisin.

Ujjal Mistry Vs State of Orissa — Narcotics (NDPS) | Orissa HC (2017)

¶1

BLAPL No.4244 of 2017

¶2

07.07.2017

¶3

 Heard the learned counsel for the petitioner and the learned counsel for the State.
 The petitioner being in custody in C.T. Case No.38 of 2017, arising out of G.R. Case N
o.123 of 2017 corresponding to Raighar P.S. Case No.92 of 2017, pending in the court of the le
arned Addl. Sessions Judge-cum-Special Judge, Nabarangpur, has filed this petition for his rel
ease on bail. The offences alleged against him are punishable under Sections 363/376(2)(n) of
IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

¶4

 Considering the fact that the victim is more than sixteen years and she in her stateme
nt recorded under Section 164 of Cr.P.C. stated that she accompanied the petitioner on her own
 volition, also the fact that the victim in her statement has not stated anything about any se
xual assault made by the petitioner on her, investigation in this case has substantially progr
essed and nothing is there indicating the fact that the petitioner is a person of criminal ant
ecedent and shall abscond and/or tamper with the prosecution evidence, if released on bail, I
am of the view that the petitioner in this case deserves to be released on bail.

¶5

 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.

¶6

 Urgent certified copy of this order be granted on proper application.

¶7

 S.Pujahari, J.

¶8

Ujjal Mistry v. State of Orissa

Case brief

What is this about?

What did the court decide?

Ujjal Mistry v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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