Single-judge order dismissing a Section 439 Cr.P.C. bail application regarding a Special Case involving rape and POCSO allegations against a minor victim. Bail denied pending victim examination.
Petitioner remained in judicial custody; bail denied pending victim examination.
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BLAPL No. 803 of 2019
This is an application under Section 439 Cr.P.C. in connection with Special Case No.329 of 2018 arising out of Basta P.S. Case No.301 of 2018 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Balasore for offences punishable under sections 448/376-AB/307/ 506/34 of the Indian Penal Code and section 4 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Balasore which was rejected on 17.01.2019.
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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 21.12.2018 and as per the medical examination report, the victim’s age is 15 to 16 years and the witnesses examined on behalf of the prosecution stated that due to dispute between the parties, the case has been instituted and therefore, the bail application may be favourably considered.
Learned counsel for the State has produced the case dairy and placed the 164 Cr.P.C. statement of the victim, who is aged about 12 years and a student of Class-VI. She has stated about the commission of rape on her.
In view of 164 Cr.P.C. statement of the victim and taking into account the nature and gravity of accusation, I am not inclined to release the petitioner on bail.
Accordingly, the BLAPL stands dismissed.
The petitioner is at liberty to renew his prayer for bail after the examination of the victim before the learned trial Court.
………………….. S. K. Sahoo, J.
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1 issue framed by the court
Whether to grant bail to the petitioner accused of rape and other offences under a special case.
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
S. K. Sahoo
