Court directed release of petitioners on bail if arrested in connection with allegations under IPC and POCSO Act, subject to conditions of appearance and investigation cooperation.
Directed release of petitioners on bail with conditions if arrested, appearing before Insp-in-Charge on 8.1.2021 and other dates as asked.
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ABLAPL No.14780 of 2020
02. 04.01.2021
The matter is taken up through video conferencing.
Learned counsel for the petitioner submits that the principal accused against whom the allegations with regard to commission of offence under section 354-A/354-B/354-C of the IPC read with section 8 of POCSO Act run is Sk. Sophian Khan, who happens to be son of petitioner nos.1 and 2 whereas the petitioner no.3 is one of their neighbours. He further submits that the petitioners having assigned with some role in the later discussions made as to resolution of the dispute, they have been unnecessarily in the case. In view of the above, he prays for grant of anticipatory bail to the petitioners as there stands no such other impediment.
Learned counsel for the State does not dispute the position that here the accused against whom the allegations as to commission of the principal offence run is Sk. Sophian Khan.
Considering the submission and on going through the materials as placed as well as nature of accusations; further keeping in view the surrounding circumstances and in the absence of any such other impediment; it is directed that in the event of arrest of the petitioners in Binjharpur P.S. Case No.319 of 2020 pending in the court of the learned District and Sessions Judge-cum-Special Judge, POCSO Court, Jajpur, they shall be released on bail by the Arresting Officer on such terms and conditions as the Arresting Officer may deem just and proper with further conditions that they shall appear before the Inspector-in-Charge of the concerned P.S. on 8.1.2021 and on such other date(s) as they will be so asked so as to cooperate with the investigation.
The ABLAPL is accordingly disposed of.
D. Dash, J.
Basu
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners accused of aiding principal offenders under IPC 354-A/354-B/354-C and POCSO Act.
What conditions should be imposed on the petitioners when released on bail.
2 provisions across 2 enactments
Petitioners 1, 2, and 3
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
