The High Court released the petitioner, accused under IPC 363/376 and POCSO Act, on bail after considering the period of detention and surrounding circumstances without any impediment.
Petitioner released on bail with conditions to appear in person on each date of posting of the case.
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BLAPL No.5204 of 2018
The petitioner being in custody in connection with Digapahandi P.S. Case No. 46 of 2018 corresponding to G.R. Case no.28 of 2018 running for the alleged commission of offence under sections 363/376(2)(i)(n) IPC read with section 6 of the POCSO Act pending in the court of the learned Special Judge-cum-2nd Addl. Sessions Judge, Berhampur has filed this application under section 439, Cr.P.C. for his release on bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and on going through the materials available on record including the statement of victim recorded under section 164 Cr.P.C.; further keeping in view the surrounding circumstances as also the period of detention of the petitioner in custody and in the absence of any other impediment, it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
…………………..
D. Dash,J.
Aks
2 issues framed by the court
Whether the petitioner accused under IPC 363/376 read with POCSO Act should be released on bail in view of the period of detention and surrounding circumstances.
What terms and conditions should be imposed while granting bail.
3 provisions across 3 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
