In a bail application under section 439 Cr.P.C. for an offence under the POCSO Act, the court declined to grant bail based solely on the duration of detention. The petitioner was granted liberty to make a fresh application after substantial trial progress.
Grant of liberty to move afresh after substantial progress of the trial.
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BLAPL No. 7027 of 2016
4. 12.1.2017 The petitioner has filed this application under section 439 Cr.P.C.
for his release on bail in Nayapalli P.S. Case No. 401 of 2015 corresponding to T.R. No. 178 o
f 2015 registered for alleged commission of offence under section 363/370-A/34 IPC which was s
ubsequently turned to sections 363/370-A/376 (2)(i)(n)/380/109/34 IPC read with section 6 of P
OCSO Act pending in the court of learned Sessions Judge, Khurda at Bhubaneswar.
Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
Considering the submission and on going through the materials availabl
e on record especially the statement of the victim recorded under section 164 Cr.P.C. at this
stage, I am not in a position to accept the submission of learned counsel for the petitioner f
or release of this petitioner on bail, merely viewing the period of detention of the petitione
r in custody. However, while rejecting the prayer for grant of bail to the petitioner, liberty
is given to make the move afresh after substantial progress of the trial.
The BLAPL stands disposed of.
Issue urgent certified copy.
.. D. Dash, J.
Aks
1 issue framed by the court
Whether the petitioner is entitled to bail under section 439 Cr.P.C.
1 provisions across 1 enactments
petitioner
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court