The Single Judge granted bail to an accused detained in a POCSO case involving alleged rape and child sexual assault after nearly two years of custody, without cause to prove tampering.
Released on bail with conditions to appear in person and not threaten witnesses.
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BLAPL NO. 1327 OF 2018
Learned counsel for the petitioner submits that as per the prosecution case, the victim and the petitioner are having relationship for quite some time and when the victim became pregnant, the case has been initiated and the petitioner is in custody since 17.09.2017. He further submits that despite the detention of the petitioner in custody for about one year ten months, the trial has not been completed. In view of all the above, when there remains least scope on the part of the petitioner to flee from justice and tamper the evidence, he urges that further detention of the petitioner in custody would not be in the interest of justice.
Learned counsel for the State opposes the move. According to him, the victim had given birth to a child but unfortunately the child died and for that DNA test could not be conducted.
Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances including the
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period of detention of the petitioner in custody, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he shall appear in person before the court is seisin of the case on each date of posting of the case and shall not threaten or terrorize the prosecution witnesses in any manner.
The BLAPL is accordingly disposed. Issue urgent certified copy as per rules.
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D. Dash, J.
Narayan
1 issue framed by the court
Whether the petitioner seeking bail in a POCSO case involving alleged rape and sexual assault should be released on bail.
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
