Single judge order dismissing bail application in a sexual offence case. The court, considering the victim is a Class-VI student and the gravity of accusation despite lack of injury evidence, refused bail and expedited the trial.
Petitioner not released on bail; trial expedited within six months.
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BLAPL No. 702 of 2020
Sujay Kumar Behera ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
This is an application under section 439 of Cr.P.C. in connection with Spl. G.R. Case No.69 of 2017 arising out of Jhirpani P.S. Case No.54 of 2017 pending in the Court of learned Addl. Sessions Judge –cumSpecial Judge, Sundargarh for offences punishable under sections 354-D/506 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge –cumSpecial Judge, Sundargarh which was rejected on 13.08.2019.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 19.07.2017 and in the meantime, trial has progressed and the victim has been examined in the learned trial Court as P.W.2 and the medical examination report does not suggest any sign and symptom of sexual intercourse or any injury and therefore, the bail application of the petitioner may be favourably considered.
Perused the evidence of the victim (P.W.2).
In view of the available materials on record and the
age of the victim at the time of occurrence who was a student of Class-VI and the nature and gravity of the accusation, I am not inclined to release the petitioner on
bail.
Accordingly the BLAPL stands dismissed.
The learned trial Court shall do well to expedite the trial and conclude the same within a period of six months.
Urgent certified copy of this order be granted on proper application.
…………………..……
S.K. Sahoo, J.
P
2 issues framed by the court
Whether the petitioner is entitled to bail in a case under sections 354-D/506 IPC given the victim's age and the nature of injury report.
Whether the impugned bail order passed by the learned Additional Sessions Judge should be allowed or dismissed.
2 provisions across 2 enactments
Sujay Kumar Behera
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
