Petitioner accused in POCSO offence moved bail application before Special Judge. Court rejected previous bail plea, reconsidered, and directed release on bail by furnishing bond of Rs. 20,000 and two sureties.
Petitioner released on bail by furnishing bond of Rs. 20,000 with two solvent sureties each for like amount.
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.376 of 2019
This is an application under section 439 Cr.P.C. in connection with C.T. Spl. (POCSO) Case No.138 of 2018 arising out of Panikoili P.S. Case No.72 of 2018 pending in the Court of learned Addl. Sessions Judge –cum- Special Judge, Jajpur for offences punishable under sections 363/366/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge –cum- Special Judge, Jajpur which was rejected on 30.06.2018.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 02.11.2018 and charge sheet has been submitted under sections 363/366/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act and after going through the 164 Cr.P.C. statement of the victim and the other materials available on record produced by 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 bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of 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.
p
………………….. S. K. Sahoo, J.
2
p
3
2 issues framed by the court
Whether the petitioner accused under POCSO offences should be released on bail considering judicial custody and charge sheet filing.
Whether bail conditions are appropriate in a case involving offences under sections 363, 366, 376 read with POCSO.
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
