The applicant, in custody for offences under IPC and POCSO, filed a bail petition. The judge analyzed the victim’s statement indicating compulsion rather than abuse and found no flight risk. The petition was allowed.
Petitioner released on bail on such terms and conditions as deemed just and proper.
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BLAPL No.6276 of 2019
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. wherein she has not whispered against the petitioner, rather stated that she compelled the petitioner to take her with him. Accordingly, the petitioner stated to have taken her to the house of his relation and kept her there.
Considering the aforesaid statement of the victim and circumstances in which the petitioner stated to have been indicted in this case and also investigation in this case has substantially progressed, so 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.
DA
2 issues framed by the court
Whether the petitioner deserves release on bail given the victim’s statement that he did not abuse her.
Whether there is a risk that the petitioner will abscond or tamper with evidence if released.
2 provisions across 2 enactments
Petitioner
State
DA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
