The High Court released the petitioner on bail in connection with offences under the IPC and POCSO Act, setting aside the prior order rejecting his bail application. The court directed the lower court to fix appropriate conditions for his release.
Directed to release the petitioner on bail subject to conditions to be fixed by the learned trial court.
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BLAPL No.8791 of 2019
It is submitted on behalf of the petitioner that though the petitioner was earlier on bail by the learned trial court, but subsequently due to his non-appearance, the NBW of arrest was issued on 16.7.2018, consequent upon which he was arrested and put inside custody on 5.6.2019. Since then, he is in custody and the prayer to release him on bail was rejected by the learned trial court by order dated 6.9.219.
Upon perusal of the impugned order vide Annexure-1, and considering the submission, it is directed to release the petitioner on bail in connection with Nilagiri P.S. Case No.86/2017 corresponding to Special Case No.190/2017 on such terms and conditions to be fixed by the learned court below in seisin over the matter subject to the condition that the petitioner shall appear on each date fixed by the learned court below.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
BKB
2 issues framed by the court
Whether the petitioner should be released on bail pending trial given his prior non-appearance and subsequent arrest.
Whether the rejection of the bail prayer by the lower court should be set aside.
2 provisions across 2 enactments
Petitioner
State-opposite party
BKB
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
