The court allowed the bail application filed by the appellant in a POCSO trial, directing his release with standard conditions to prevent witness tampering and ensure court attendance.
The appellant was released on bail with conditions to not threaten witnesses or the victim and to appear in person during trial.
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CRLA NO.101 OF 2020
The matter is taken up through video conferencing mode. This appeal under section 14-A of the S.C. & S.T (PA) Act. The accused-appellant by filing the appeal has assailed an order dated 09.01.2020 passed by the learned Addl. Sessions Judge, Bhawanipatna in C.T. Case No. 95 of 2019 (POCSO).
Heard learned counsel for the appellant and learned counsel for the State as well as learned counsel appearing for the respondent no.2.
Considering the submissions made and on going through the materials on record, further keeping in view the surrounding circumstances including the period of detention of the appellant in custody, taking into account the statement of the victim that the detention of the appellant till conclusion of the trial is not warranted, while being inclined to consider the prayer for grant of bail to the appellant; it is directed that the appellant be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will not threaten or terrorize the prosecution witnesses and the victim in any manner; and will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.
The CRLA is accordingly disposed of.
…………………….. D. Dash, J.
Narayan
1 issue framed by the court
Whether the appellant in a POCSO trial by the Addl. Sessions Judge, Bhawanipatna should be released on bail.
1 provisions across 1 enactments
Unknown Appellant
Unknown Respondent no.2
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
