Single judge rejected bail application in POCSO case under Section 439 Cr.P.C. considering minor victim's age and 164 Cr.P.C. statement but advised renewal after victim's examination in trial court.
Prayer for bail stood rejected; urged to renew after examination of victim in trial court.
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. 546 of 2020
Bhojaraj @ Bhuja Pradhan … 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 Buden P.S. Case No.01 of 2019 corresponding to C.T. Case No. 01 of 2019 pending in the court of learned Additional Sessions Judge -cum- Special Judge (POCSO), Bargarh for alleged commission of offences under sections 376/511/506/34 of the Indian Penal Code read with section 8 of the POCSO Act.
The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge -cum- Judge, Special Court (POCSO), Bargarh by order dated 22.10.2019.
In view of the age of the victim, who is stated to be fourteen years and her 164 Cr.P.C. statement and the nature of accusation against the petitioner, 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
3 issues framed by the court
Whether the petitioner should be released on bail in a POCSO case involving a minor victim.
Whether the prayer for bail should be rejected without examination of the victim.
Whether to allow renewal of bail prayer only after examination of the victim in the trial court.
1 provisions across 1 enactments
Bhojaraj @ Bhuja Pradhan
State of Odisha
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
