In a habeas corpus-like bail application under Section 439 Cr.P.C., the Special Judge granted bail to the petitioner accused of sexual offences and abduction, considering the victim's statement regarding a pre-existing relationship and love affair.
Bail granted with a bond of Rs. 20,000 and two solvent sureties for the same amount.
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BLAPL No. 2436 of 2020
Balaram Jena … PETITIONER
STATE OF ODISHA
... OPP.PARTY
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 Jajpur P.S.Case No. 03 of 2020 corresponding to C.T. (Special) No. 25 of 2020 pending in the file of learned Addl. Sessions Judge -cum- Special Judge, Jajpur for alleged commission of offences under sections 363, 366-A, 376(2)(n) of the Indian Penal Code and section 6 of POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cumSpecial Judge, Jajpur, which was rejected on 13.03.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 17.02.2020 and in the meantime the investigation of the case has made substantial progress and after going through the 164 Cr.P.C. statement of the victim in which she has stated about her love affair with the petitioner for last six years and marriage with the petitioner and that they were living together as husband and wife and after going through the case records and on hearing the learned counsel for the State, I am inclined
to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
PKSahoo
1 issue framed by the court
Whether the petitioner accused of offences under sections 363, 366-A, 376(2)(n) IPC and section 6 POCSO Act is entitled to bail.
5 provisions across 3 enactments
Balaram Jena
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
