Application for anticipatory bail in a POCSO case implicating the petitioner under Section 363 IPC. Court refused anticipatory bail but allowed surrender and subsequent bail application.
Application disposed; if petitioner surrenders and moves for bail, it will be considered on merits.
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.
ABLAPL NO.10754 OF 2020
04. 08.01.2021
This matter is taken up through Video conferencing
mode.
The petitioner having been implicated in connection with Kanas P.S. Case No.138 of 2019 corresponding to Special G.R. Case No.2672 of 2019 registered for alleged commission of offence under section 363 of the IPC, pending in the court of learned Special Court under POCSO Act, Puri, has filed this application under section 438 Cr.P.C. for his release in the event of his arrest in the aforesaid case.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions and on going through the materials on record as also other surrounding circumstances; while being not inclined to grant of anticipatory bail to the petitioner, this application is disposed of with the observation that in the event the petitioner surrenders before the court in seisin of the case and moves for his release on bail, the same shall be considered on its own merit without being prejudiced by this order and disposed of early in accordance with law.
The ABLAPL is accordingly disposed of.
……………………. D. Dash, J.
Narayan
3 issues framed by the court
Whether anticipatory bail should be granted in a case under Section 363 IPC and POCSO Act pending before a Special Court.
What direction to issue if the petitioner surrenders and moves for bail later.
How the application is disposed of without prejudicing a future bail application.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
