In a bail petition filed while the petitioner was in custody for kidnapping, abduction, rape, and POCSO offences, the court found no likelihood of absconding or evidence tampering based on the victim's statement and allowed bail.
Petitioner released on bail in C.T. Case No.114 of 2015 on terms and conditions to be framed by the court in seisin.
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06. 12.01.2017 BLAPL No. 4903 of 2016
Heard the learned counsel for the petitioner and the learned counsel for the S
tate.
The petitioner being in custody in C.T. Case No.114 of 2015 arising out of Rai
rangpur Town P.S. Case No.83 of 2015 pending in the court of learned Sessions Judge-cum-Specia
l Judge, Mayurbhanj, has filed this petition for his release on bail. The offences alleged aga
inst him are punishable under Sections 363/366/376(2)(i)(n) of IPC and Sections 4 & 6 of POCSO
Act.
Considering the facts and submissions made, so also the materials on record es
pecially the statement of the victim recorded under Section 164 Cr.P.C., circumstances in whic
h the victim said to have been kidnapped as revealed from her statement under Section 164 Cr.P
.C. and nothing being there indicating the fact that the petitioner shall abscond and/or tampe
r 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.
Hence, the petitioner be released on bail in the aforesaid case by the court i
n seisin over the matter on such terms and conditions as the court concerned may deem just and
proper.
Accordingly, the BLAPL is disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
S. Pujahari
, J.
SKG
2
3 issues framed by the court
Whether the petitioner deserves release on bail despite being charged with kidnapping, abduction, rape and offences under the POCSO Act.
Whether there is any indication of absconding or tampering with evidence to deny bail.
What terms and conditions should apply to the petitioner's bail release.
Colour shows how this judgement treated each authority
nullReferred
3 provisions across 3 enactments
Petitioner
State
S. Pujahari
SKG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court