Application for bail under Section 439 Cr.P.C. by petitioners charged under POCSO, IPC, and I.T. Act filed while in custody. Court rejected bail prayer considering nature of accusation, granting liberty to approach the trial court post-victim examination.
Prayer for bail rejected; liberty to approach trial court after victim's examination.
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BLAPL No.6680 OF 2018
The petitioners being in custody in connection with T.R. Case No.32 of 2018 corresponding to Malkangiri P.S. Case No.164 of 2018 running for the alleged commission of offence under sections 342/354-C/376D/506 IPC read with section 6/14/15 of POCSO Act and section 66-E/66-B of I.T. Act pending in the court of the learned Addl. Sessions Judge-cum-Special Judge, Malkangiri, have filed this application under section 439, Cr.P.C. for their release on bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Considering the submission and keeping in view the nature of accusation against the petitioners as those emanate from the materials available on record, at this stage, I am not inclined to release the petitioners on bail.
Accordingly, their prayer for bail stands rejected.
Liberty, however, is given to the petitioners to move the court in seisin of the case for their release on bail after examination of the victim.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
/
……………………..
D. Dash, J.
Aks
3 issues framed by the court
Whether the petitioners charged under POCSO and IPC sections should be released on bail at this stage.
Whether anticipatory bail is available to an accused already in custody.
Whether the nature of the alleged offenses warrants rejection of bail before examination of the victim.
3 provisions across 3 enactments
Petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
