Allowed

Subrat Nayak v. State of Odisha

Orissa HC18 Nov 2020BLAPL/6083/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner under Section 439 Cr.P.C. in a POSO case for offences under IPC 376(2)(n), 376(3) and POCSO Act 6. Disposition relied on the D.N.A. report which excluded the petitioner as the child's biological father, releasing him on Rs. 20,000 bail bond. No substantive reasoning on corpus delicti beyond exclusion was detailed.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 20,000 with two local solvent sureties for each amount.

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

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BLAPL No. 6083 of 2020

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SUBRAT NAYAK … PETITIONER

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-VERSUS-

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STATE OF ODISHA & ANOTHER

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... OPP.PARTIES

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18.11.2020 The matter is taken up through Video Conferencing.

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Learned counsel for the State submitted that notice on the informant is sufficient.

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None appears on behalf of the informant.

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Barang P.S. Case No.225 of 2019 corresponding to Spl. G.R. Case No.186 of 2019 pending before the learned Addl. Sessions Judge -cum- Special Court, POSO Act, Cuttack for alleged commission of offences under sections 376(2)(n), 376(3) 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 Addl. Sessions Judge -cum- Special Court, POSO Act, Cuttack which was rejected on 28.08.2020.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 30.12.2019, charge sheet has been submitted under sections 376(2)(n), 376(3) of the Indian Penal Code and section 6 of POCSO Act and after going

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through the statement of the victim placed by the learned counsel for the State and the D.N.A. test report that the petitioner is not the biological father of the new born female child of the victim, I am inclined to release the petitioner on bail.

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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.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Subrat Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subrat Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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