The High Court allowed bail to the petitioner charged with offences under IPC and the POCSO Act. The applicant had been in judicial custody since 2017. The Court, considering the submissions, granted bail on bond with sureties.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 3525 of 2019
This is an application under section 439 Cr.P.C. in connection with Malgodown P.S. Case No.122 of 2017 corresponding to Special G.R. Case No.79 of 2017 pending in the file of learned S.D.J.M., (Sadar), Cuttack for alleged commission of offences under sections 363, 366, 376(2)(n)(I) and 494 of the Indian Penal Code and section 6 of POCSO Act.
The prayer for bail of the petitioner was rejected by the learned Presiding Officer, Children’s Court, Cuttack vide order dated 11.05.2019.
Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 06.06.2017 and after going through the evidence of the victim in the trial Court, which was produced by the learned counsel for the petitioner and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner. be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
PKSahoo
S.K.Sahoo, J.
3 issues framed by the court
Whether the petitioner charged with offences under IPC and POCSO Act should be granted bail.
Whether the long period of judicial custody justifies the release of the petitioner.
Whether the terms of bail should include sureties and a monetary bond.
6 provisions across 3 enactments
Petitioner
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
