The petitioner sought bail in a Special POCSO case alleging offences under the IPC and POCSO Act. The High Court, emphasizing the gravity of the charge and the possibility of impaired trial fairness, rejected the bail prayer.
Prayer for bail of the petitioner is rejected and the petition stands dismissed.
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CORAM :- HON’BLE SHRI JUSTICE S.PUJAHARI
BLAPL NO.4596 OF 2020
Mithun Behera.
…….. Petitioner
-Versus-
State of Odisha …….. Opp.party
O R D E R
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner being in custody in Special (POCSO) Case No.6 of 2020, arising out of Angul P.S. Case No.81 of 2020, pending in the court of the Addl. Sessions Judge-cum-Special Court, POCSO Act, Angul, has filed this petition for his release on bail. The offences alleged against the petitioner are punishable under Sections 376(2)(n), 376, 452 and 506 of I.P.C. and Section 6 of the POCSO Act.
Regard being had to the facts and submissions made, especially the nature and gravity of accusation, character of incriminating materials appearing against the petitioner in support of the charge, circumstances in which the offences alleged to have been committed and punishment provided on conviction for the most grave offence alleged and possibility of the petitioner’s
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release on bail having an adverse impact on free and fair trial being not ruled out, I am of the view that the petitioner does not deserve to be released on bail.
Accordingly, the prayer for bail of the petitioner stands rejected and the BLAPL stands disposed of being dismissed.
………………… S.Pujahari, J.
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MRS
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2 issues framed by the court
Whether the petitioner in a charge of child sexual offences deserves release on bail given the nature and gravity of the accusation.
Whether release on bail would have an adverse impact on a free and fair trial.
2 provisions across 2 enactments
Mithun Behera
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
