Allowed

Sk.Jaidul Islam @ Jaidul v. State of Odisha

Orissa HC17 Nov 2020BLAPL/3562/2020

Case brief

AI extract

What is this about?

Single judge granted bail to a 19-year-old petitioner in a POCSO and kidnapping case pending trial, considering his youth, duration of custody, and inability of trial to proceed due to COVID-19, with conditions to not interfere with witnesses.

What did the court decide?

Petitioner to be released on bail on such terms and conditions as the learned court of first instance may fix, including the condition not to dissuade witnesses or tamper with evidence.

Sk.Jaidul Islam @ Jaidul Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2020)

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BLAPL No.3562 of 2020

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9 17.11.2020 This matter is taken up through video

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conferencing.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Special G.R.Case No.52 of 2019 arising out of Sector-7 P.S.Case No.67 of 2019 pending in the court of the learned Additional Sessions Judge-cum-Special Judge, Sundargarh for alleged commission of offence under Sections 363/376(3)/34 of the I.P.C. and Section 4 of the POCSO Act.

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It is submitted by the learned counsel for the petitioner that this Court while rejecting the prayer of the petitioner for bail earlier in BLAPL No.9096 of 2019 had granted liberty to renew his prayer for bail after examination of the victim. But in the meantime, due to situations arising out of COVID-19, the trial has not progressed at all and as such the petitioner is constrained to renew his prayer for bail before this Court again. It is further submitted that the petitioner is inside custody since 28.6.2019 and he is a young boy aged about 19 years only and the parties had love affair.

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After hearing the learned counsel for the State and considering the statement of the victim recorded under Section 164 Cr.P.C. as well as the circumstances of the case, it is directed that the petitioner be released on bail in the aforesaid case on such terms and conditions to be fixed by

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the learned court below in seisin over the matter including the condition that the petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence.

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The BLAPL is disposed of.

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Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4587, dated 25.03.2020.

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…………………………..

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B.P.Routray, J.

Sk.Jaidul Islam @ Jaidul v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk.Jaidul Islam @ Jaidul v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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