In a bail application under section 439 Cr.P.C. regarding POCSO and rape offences, the High Court granted bail after the victim changed her statement in the trial court, withdrew her prosecution, and expressed that the petitioner did not commit the offence.
Petitioner directed to be released on bail by furnishing a bond of Rs. 20,000 with two sureties.
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BLAPL No.4005 of 2018
This is an application under section 439 Cr.P.C. in connection with G.R. Case No.29 of 2017 arising out of Banki P.S. Case No.66 of 2017 pending in the Court of learned Addl. Sessions Judge –cum- P.O. Children’s Court, Cuttack for offences punishable under section 376(2)(i) of the Indian Penal Code read with section 4 of the POCSO Act.
The petitioner moved an application for bail before the learned 3rd Addl. Sessions Judge –cum- P.O. Children’s Court, Cuttack which was rejected on 30.05.2018.
Learned counsel for the petitioner submitted to the earlier bail application of the petitioner in BLAPL No.6023 of 2017 was rejected relying upon the 164 Cr.P.C. statement of the victim. In the meantime, the victim has been examined and she has stated in her statement that the petitioner has not committed rape on her and she did not want to proceed in the case anymore and it is submitted that in view of the change in the circumstances and the period of detention of the petitioner in judicial custody since 14.03.2017, the bail application of the petitioner may be favourably considered. Learned counsel for the petitioner files the certified copy of the deposition of the victim, which is taken on record.
Learned counsel for the State opposed the prayer for
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bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention of the petitioner in judicial custody, the statement of the victim in the trial Court, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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S. K. Sahoo, J.
sisir
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3 issues framed by the court
Whether the petitioner is eligible for bail in a POCSO offence after the victim has stated in trial that the petitioner did not commit the offence and does not want to proceed.
Whether the change in victim's statement and period of detention warrant remand of the bail application for consideration.
Whether the petitioner satisfies the conditions for release on bail under section 439 Cr.P.C.
3 provisions across 3 enactments
Petitioner
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
