Allowed

G.Jagannath Rao v. State of Odisha

Orissa HC7 May 2020ABLAPL/3726/2020

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. for petitioners facing offences including those under POCSO and IPC, citing Arnesh Kumar principles. Bail was granted with a condition not to contact the victim.

What did the court decide?

Anticipatory bail granted; release on arrest directed on such terms as deemed just; bail cancellable if accused contacts victim.

G.Jagannath Rao Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2020)

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ABLAPL No.3726 of 2020

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07.05.2020 Heard learned counsel for the petitioners and learned Additional Government Advocate.

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This is an application under Section 438 of Cr.P.C. The petitioners are praying for anticipatory bail as they are apprehending arrest for the alleged commission of offences under Sections 341, 294, 354-B, 354-D, 509 and 506/34 of the IPC read with Section 12 of the Protection of Children from Sexual Offences Act in G.R. Case No.03 of 2020 (POCSO) of the court of learned Special Judge (POCSO)-Cum-Second Additional Sessions Judge, Berhampur, arising out of Golanthara P.S. Case No.72 of 2020.

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None of the offences alleged to have been committed by the petitioners is punishable with a term of imprisonment exceeding seven years. Moreover, the petitioners are permanent residents of village Madanmohanpur, P.S.-Haladiapada in the district of Ganjam. So, there is no reasonable apprehension of their absconding from the process of justice. There is no allegation on behalf of the prosecution that the petitioners shall tamper with the prosecution evidence, if they are released on bail.

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Keeping in view the nature of allegations, the facts of the case and the ratio decided in the case of Arnesh Kumar Vs. State of Bihar, AIR (2014) SC 2756, this Court is inclined to grant bail to the petitioners. Accordingly, the anticipatory bail application of the petitioners is allowed. On the event of their arrest, they shall be released on bail by the arresting officer on such terms and conditions as deemed just and proper by him in the aforesaid case.

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Further, it is directed that the petitioners shall not in any way try to contact or misbehave the victim girl in any manner. If any such incident happens, the bail application shall be entitled to cancel by the learned Special Judge (POCSO)-Cum-Second Additional Sessions Judge, Berhampur on application filed by the informant.

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Accordingly, the ABLAPL is disposed of.

S.K. Mishra, J.

TUDU

G.Jagannath Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

G.Jagannath Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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