In an application for bail under Section 439 CrPC, the High Court inclined to release the petitioner after observing that the medical report did not corroborate the medical examination report of the victim.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent local sureties each for the like amount.
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BLAPL No. 1203 of 2020
Samiyaranjan @ Pagal Jena ……. Petitioner -Vrs.-
State of Odisha ……. Opp. Party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Mangalpur P.S. Case No. 61 of 2019 corresponding to C.T. Special (POCSO) Case No. 78 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Jajpur for offences punishable under sections 363/366-A/376(2)(n) of the Indian Penal Code and section 6 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cumSpecial Judge, Jajpur which was rejected on 28.01.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 22.06.2019 and in the meantime, charge sheet has been submitted under sections 363/366-A/376(2)(n) of the Indian Penal Code and section 6 of the POCSO Act. He further submitted that the medical examination report does not corroborate any kind of commission of rape and therefore, the bail application may be favourably considered.
Learned counsel for the State has produced the
case diary and placed the 164 Cr.P.C. statement of the
victim and submitted that the victim was staying with the house of the petitioner for last three months before lodging the F.I.R.
Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioner, the 164 Cr.P.C. statement of the victim as well as medical examination report and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent local sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
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S.K. Sahoo, J.
1 issue framed by the court
Whether the petitioner is eligible for bail in a POCSO and IPC case considering the quantum of evidence and period of detention.
1 provisions across 1 enactments
Samiyaranjan @ Pagal Jena
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
