Single judge rejected bail prayer under Section 439 Cr.P.C. in a POCSO case involving a 15-year-old victim, declining release pending victim examination in trial.
Bail rejected; petitioner directed to renew prayer after victim's examination in trial court.
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BLAPL No. 4200 of 2020
Akshaya Naik … Petitioner -VersusState 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 Patna P.S. Case No.164 of 2015 corresponding to Special Case No. 281/116 of 2016-15 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Keonjhar for alleged commission of offences under section 376(3) 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, Keonjhar by order dated 02.06.2020.
Considering the age of the victim to be fifteen years at the time of occurrence and the 164 Cr.P.C. statement of the victim placed by the learned counsel for the State, 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
2 issues framed by the court
Whether to release the petitioner on bail in a case involving a child victim under POCSO.
Whether the age of the victim at the time of occurrence dictates the bail decision.
1 provisions across 1 enactments
Akshaya Naik
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
