The High Court allowed bail to the accused in a POCSO case alleging offences under IPC 363, 366, 376(2)(n) and POCSO. The judge noted the victim's statement indicated consensual elements, elicited by the petitioner and the victim statement
Release of the petitioner on bail with a bond of Rs.20,000/- with two local solvent sureties providing an undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 5000 of 2020
BIKRAM MALLIK … PETITIONER
-VERSUS... OPP.PARTY
STATE OF ODISHA
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Mangalpur P.S. Case No. 301 of 2019 corresponding to C.T.(Spl.) (POCSO) Case No. 181 of 2019 pending before the learned Addl. Sessions Judge -cum- Special Judge, Jajpur for alleged commission of offences under sections 363, 366, 376(2)(n) of the Indian Penal Code and section 6 of POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Jajpur which was rejected on 10.07.2020.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 17.06.2020, charge sheet has been submitted under sections 363, 366, 376(2)(n) of the Indian Penal Code and section 6 of POCSO Act and after going through the statement of the victim, who stated about her love affairs and elopement with the petitioner and further stated that both of them stayed in the uncle’s
house and sister’s house of the petitioner where the petitioner kept physical relationship with her and further taking into account the period of detention of the petitioner in judicial custody and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..……
PKSahoo
2 issues framed by the court
Whether the petitioner is entitled to bail under section 439 of Cr.P.C. considering the circumstances of the case.
Whether the victim's statement regarding consensual relationship affects the bail application.
3 provisions across 3 enactments
Bikram Mallik
State of Odisha
PK Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
