Allowed

Dapina@Srram Nayak v. State of Odisha

Orissa HC3 Jul 2020BLAPL/431/2020

Case brief

AI extract

What is this about?

The petitioner, arrested for offences under IPC and POCSO, moved for interim bail on grounds of delayed trial and lack of witness examination. The court, considering detention duration and COVID-19 circumstances, granted interim bail for two months subject to conditions.

What did the court decide?

Petitioner released on interim bail for two months subject to furnishing a bail bond of Rs.50,000 with two sureties and undertakings.

Dapina@Srram Nayak Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2020)

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BLAPL No.431 of 2020

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Dapina @ Sriram Nayak �� Petitioner -VersusState of Odisha �� Opp. Party

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03.07.2020

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The matter is taken up through video conferencing.

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This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.29 of 2019 arising out of Gadisagoda P.S. Case No.58 of 2018 pending in the Court of learned Special Judge, Puri for offences punishable under sections 363/366/376-D/313/323/506 of the Indian Penal Code and section 6 of POCSO Act.

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The petitioner moved an application for bail before the Court of learned Special Judge, Puri which was rejected on 19.10.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 01.02.2019 and in his last bail application i.e. BLAPL No.4989 of 2019 as per the order dated 20.04.2019, the petitioner was granted liberty to renew his prayer for bail after the examination of the victim in the learned trial Court. He further submitted that even though charge was framed on 06.08.2019 but till date, not a single witness has been examined. He handed over the copy of the order sheet to the learned counsel for the State who on verification of the same does not dispute that no witnesses have been examined in the learned trial Court.

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Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, while not inclining to grant bail to the petitioner on merit but taking into account the delayed trial and particularly the prevailing situation in the Courts at Puri on account of COVID-19 Pandemic, I am inclined to release the petitioner on interim bail for a period of two months from the date of release.

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Let the petitioner be released on bail in the aforesaid case for the aforesaid period on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to condition that the petitioner shall not try to come in contact with the victim or try to tamper with the evidence and he shall appear before the learned trial Court on each date when the case would be fixed for trial. Violation of any of the terms and conditions fixed shall entail cancellation of interim bail.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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S.K. Sahoo, J.

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Dapina@Srram Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dapina@Srram Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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