Court allowed application for bail under Section 439 CrPC for petitioner in custody pending POCSO case. Order directed release on conditions to be fixed by lower court.
Petitioner directed to be released on bail on terms and conditions to be fixed by the lower court.
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BLAPL No. 1936 OF 2018
Learned counsel for the petitioner does not want to press this application since the cause of action for filing the same has already lapsed.
In view of above, the misc. case stands dismissed as not pressed.
……………………..
BLAPL No. 1936 OF 2018.
Heard learned counsel for the petitioner and learned Additional Standing Counsel. Perused the statements of the victim recorded under sections 161 and 164 of Cr.P.C.
Considering the submissions made and on going through statements of the victim as also viewing all other surrounding circumstances including the period of detention of the petitioner in custody, the substantial progress of the investigation as well as absence of any other impediment, it is directed that the petitioner be released on bail on such terms and conditions as the learned court below may deem just and proper in the aforesaid case.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per law.
…………………….. D. Dash, J.
1 issue framed by the court
Whether the application for bail granted under Section 439 of CrPC should be allowed considering the progress of investigation and period of detention.
2 provisions across 2 enactments
Petitioner
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
