The High Court granted bail to Bikash Patra in a juvenile offence case. The judgment incorporates conditions including non-interference with witnesses, to be fixed by the trial court, and directs uploading the order on the official website.
Petitioner to be released on bail on conditions to be fixed by the trial court, including non-interference with witnesses.
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.8198 of 2019 1
This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner Bikash Patra in connection with C.T. Case No.91 of 2017 arising out of Bisoi P.S. Case No.53 of 2017 pending in the court of learned 1st Addl. Sessions Judge-cum-POCSO, Mayurbhanj, Baripada for alleged commission of offence under Sections 363/366-A/376(2)(n) of the Indian Penal Code and under Section 6 of the POCSO Act.
It is submitted on behalf of petitioner that he is inside custody since 14.10.2018 and in the meantime investigation has been completed. It is also submitted that as per the allegation the victim had love affairs with the petitioner and they both have eloped to stay together.
After hearing learned counsel for the State and considering the statement of the victim recorded under Section 164 of Cr.P.C. as placed by the learned State Counsel and the circumstances of the case, it is directed to release the petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.
2
The BLAPL is accordingly disposed of. Copy of this order be uploaded in the High Court’s Official Website as per Court’s Notice No.4587, dated 25.03.2020.
………………………...
B. P. Routray, J.
mkp
3 issues framed by the court
Whether bail should be granted to the petitioner in the custody trial case.
Whether the petitioner shall be restrained from dissuading witnesses or tampering with evidence on bail.
Whether conditions can be fixed by the learned court in seisin over the case.
3 provisions across 3 enactments
Bikash Patra
State
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
