The High Court disposed of a CRLA against an interim bail rejection. Refusing to release the appellant, the Single Judge held that considering the victim's statement as a minor, bail was not inclined to be granted, directing the trial court to examine the victim for expeditious conclusion.
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.
CRLA No.177 of 2020 1
The matter is taken up through video conferencing. Heard learned counsel for the appellant and learned counsel for the State.
It is submitted by Mr. M. K. Mohanty, learned Addl. Standing Counsel that notice has been made sufficient on respondent no.2 through police.
This appeal under Section 14(A) of SC & ST (POA) Act is against the order dtd.11.2.2020 of learned Addl. Sessions Judge-cum-Special Judge, Nabarangpur refusing bail to the appellant Baikuntha Kalar in connection with T.R. No.1 of 2020 arising out of Jharigaon P.S. Case No.136 of 2019 pending in his file for alleged commission of offence under Sections 363/366/366-A/376(2)(n)/376(3)/34 of the Indian Penal Code read with Section 6 of the POCSO Act and under Section 3(2)(v) of SC & ST (POA) Act.
Considering the statement of victim who is a minor below 16 years of age, I am not inclined to release the appellant on bail. Accordingly his prayer for bail is rejected.
However, as submitted on behalf of appellant, he is at liberty to renew his prayer for bail after examination of victim in course of trial, and learned trial court is directed to do well for expeditious conclusion of trial.
The CRLA 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
1 issue framed by the court
Whether the appellant can be released on bail in a case involving a minor victim below 16 years of age charged under SC & ST (POA) Act?
2 provisions across 2 enactments
Baikuntha Kalar
State
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
