Single-judge order granting bail to the petitioner. The court noted that the victim's statement indicated a pre-existing love affair, elopement, and consensual relationship, justifying bail release.
Release of the petitioner on bail by furnishing a bond of Rs. 20,000 with two solvent sureties.
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BLAPL No.2950 of 2020
Rajesh Satnami ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
……. Opp. Party
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.02 of 2020 arising out of Padampur P.S. Case No.258 of 2019 pending in the Court of learned Additional Sessions Judge -cum- Special Judge (POCSO), Bargarh for offences punishable under sections 363/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge - cum- Special Judge (POCSO Act), Bargarh which was rejected on 26.02.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 04.01.2020 and he has been charge sheeted under sections 363/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act and after going through the 164 Cr.P.C. statement of the victim which has been placed by the learned counsel for the State in which she has stated about her love affairs with the petitioner and elopement to different places and staying at Karnataka together and keeping physical
relationship with her own consent, 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 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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2 issues framed by the court
Whether to grant bail to the petitioner charged with offences under sections 363 and 376(2)(n) of IPC read with section 6 of the POCSO Act, who is in judicial custody.
Whether the allegations of a pre-existing love affair and voluntary relationship between the petitioner and the victim would mitigate the hardships of extended custody.
3 provisions across 3 enactments
Rajesh Satnami
State of Odisha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
