Single judge dismissed application for bail under s. 439 Cr.P.C. in a POCSO case involving allegations of rape on a 15-year-old minor, declining release due to the severity of the offence and victim statement.
Bail application rejected; petitioner directed to renew prayer after victim examination in trial court.
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BLAPL No. 2004 of 2020
Papu @ Chinmay Pradhan … Petitioner -VersusState of Odisha … Opp. party
This matter is taken up through video conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 Cr.P.C. in connection with Bansada P.S. Case No.237 of 2018 corresponding to Special Case No. 15 of 2020 pending in the Court of learned Additional Sessions Judge, Bhadrak for alleged commission of offences under sections 363/366/376(3)(n) of the Indian Penal Code read with section 6 of the POCSO Act.
The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge -cum- Special Judge, Bhadrak by order dated 17.02.2020.
In view of the age of the victim which was fifteen years seven months as on the date of occurrence and her 164 Cr.P.C. statement which reveals that after co-accused Jagabandhu Mohanty committed rape on her at Vijayawada, the petitioner also committed rape on her at Rourkela, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail stands rejected.
The petitioner may renew his prayer for bail after examination of the victim in the trial Court.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
RKM
1 issue framed by the court
Whether the petitioner is entitled to bail in a case alleging rape on a minor child.
2 provisions across 2 enactments
Papu @ Chinmay Pradhan
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
