This order grants bail to the petitioner in a case involving offences under the POCSO Act and IPC, noting his custody since May 2019 and the pre-bail release of a juvenile co-accused.
Petitioner released on bail on furnishing a bond of Rs. 20,000 with two solvent sureties each for the like amount.
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BLAPL No. 5366 of 2020
Chanti @ Satyabrata Nayak … 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 of Cr.P.C. in connection with C.T. Spl. (P) Case No.26 of 2019 arising out of Dhenkanal Sadar P.S. Case No.164 of 2019 pending in the Court of learned Judge, Special Court (POCSO), Dhenkanal for offences punishable under sections 376(2)(n)/363/366/109 of the Indian Penal Code read with sections 6 and 17 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Judge, Special Court (POCSO), Dhenkanal which was rejected on 14.05.2019.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 14.05.2019 and he has been charge sheeted under sections 376(2)(n)/363/366/109 of the Indian Penal Code read with sections 6 and 17 of the POCSO Act and that the main allegation is against the co-accused Sisir Senapati, who is a juvenile and has already been released on bail in CRLREV No.540 of 2019 as per the order dated 22.08.2019 and after going through the 164 Cr.P.C. statement of the victim placed
by 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 bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of. Urgent certified copy of this order is granted on proper application.
…………………..……
RKM
2 issues framed by the court
Whether the petitioner is entitled to bail in a POCSO case pending before a Special Court.
Whether the petitioner's co-accused being a juvenile released on bail influences the bail decision.
Chanti @ Satyabrata Nayak
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
