The single judge allowed the petitioner's bail application under Section 439 CrPC in a case involving sexual offences under IPC and POCSO, directing release on bond with sureties after considering the length of custody and contention of innocence.
Grant of bail on execution of bond of Rs. 20,000 each with two local solvent sureties.
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.70 of 2020
04 09.06.2020
Heard Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr.Pani, learned Additional Standing Counsel.
This is an application under section 439 of the Code of Criminal Procedure filed by the present petitioner, who has been involved in G.R. Case No. 19 of 2019 arising out of Kundheigola P.S.Case No.107 of 2019 pending in the Court of the learned Additional Sessions Judge-cum-Special Judge, Deogarh for commission of offence under sections 363, 366, 376 (2) (n) of the Indian Penal Code read with Section 6 of POCSO Act. His bail application was rejected by the learned Additional Sessions Judge-cum-Special Judge, Deogarh .
R
It is submitted by the learned counsel for the petitioner that the petitioner is innocent and falsely implicated in this case. He further submits that the victim who has been examined as P.W.3 before the trial court in her deposition does not support the case of the prosection. The daughter of the informant and the petitioner had love affairs since long and the daughter of the informant eloped with the petitioner on her own accord. The petitioner is in custody since more than five months. On the other hand, learned Additional Standing Counsel submits that the petitioner may not be granted bail.
Moreover, the petitioner happens to be the permanent resident of village Giridharprasad under Rasol P.S. in the district of Dhenkanal. Hence there is no reasonable chance of his abscondance from justice.
2
Considering the rivalised submissions made by the learned counsel for both the parties and having regard to the length of detention in custody of the petitioner, I am inclined to allow this bail application and direct that the petitioner be released on bail on executing bond of Rs.20,000/-(rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge, Deogarh in connection with the aforesaid case subject to the following conditions:
i) He shall appear before the concerned P.S. once in a fortnight.
ii) He shall not abscond or commit similar offense while on bail, and iii) He shall not try to influence or terrorize the witnesses of the prosecution in any manner.
Violation of any of the above condition and registration of any new case against the petitioner shall entail automatic cancellation of his bail.
The BLAPL is disposed of accordingly.
P.Patnaik,J
3
4
5
3 issues framed by the court
Whether bail is maintainable in a case under sections 363, 366, 376(2)(n) IPC and S. 6 POCSO Act.
Whether the two-month rule under Article 22(2) of the Constitution of India applies in case under Section 376(2)(n) IPC.
Whether bail can be granted in a case involving child abuse based on the length of detention.
5 provisions across 3 enactments
P. Patnaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
