The court dismissed a bail application under Section 439 Cr.P.C.citing the victim's age of nine years as grounds against release, though it permitted renewal after victim examination.
Bail prayer rejected; petitioner at liberty to renew prayer after victim examination in trial.
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BLAPL No.8799 of 2019
This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.354-A/376(AB), I.P.C. and Sec.8 of the POCSO Act.
Heard learned counsel for the petitioner as well as learned counsel for the State.
Considering the statement of the victim, who is aged about 9 years only, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail is rejected.
BLAPL is dismissed.
However, as prayed for by leaned counsel for the petitioner, the petitioner is at liberty to renew his prayer for bail after examination of the victim in course of trial.
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.
BKB
2 issues framed by the court
Whether an accused alleging offences under the IPC and POCSO Act against a 9-year-old victim can be granted bail.
Whether the prayer for bail under Section 439 Cr.P.C. should be allowed in the circumstances of the child's age.
3 provisions across 3 enactments
The Petitioner
The State
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B. P. Routray
