Bail petition allowed where petitioner allowed to go on bail in an alleged POCSO case after perusing victim’s statement recording that assault was not explicitly mentioned in it.
Petitioner released on bail in G.R. Case No.3 of 2019 pending before Additional Sessions Judge-cum-Special Judge, Kendrapara.
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.5447 of 2019
The petitioner being in custody in G.R. Case No.3 of 2019, arising out of Pattamundai P.S. Case No.11 of 2019, pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Kendrapara, has filed this petition for his release on bail. The offences alleged against him are punishable under Sections 366/376(2)(n) of I.P.C. read with Section 6 of POCSO Act.
Heard, the learned counsel for the petitioner and the learned counsel for the State.
Perused the statement of the victim recorded under Section 164 of Cr.P.C. The victim in her statement stated that she had gone to the house of the petitioner in her own volition and stayed there two days, but has made no whisper about the sexual assault on her by the petitioner.
Considering the aforesaid statement of the victim and circumstances in which the petitioner stated to have been indicted in this case and also nothing is there on record indicating the fact that the petitioner shall abscond and/or tamper with the prosecution evidence, if released on bail, I am of the view that the petitioner in this case deserves to be released on bail.
Hence, the petitioner be released on bail in the aforesaid case by the Court in seisin over the matter on such terms and conditions as it would deem just and proper.
Accordingly, the BLAPL stands disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
…………………
S.Pujahari, J.
DA
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under IPC 366/376(2)(n) read with POCSO Act after perusing the victim’s statement.
Whether there is a risk of the petitioner absconding or tampering with evidence if released on bail.
3 provisions across 3 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S. Pujahari
Parties & counsel
