The Court granted pre-arrest bail to the petitioner in a POCSO case under Sections 363, 366, 368, 109 and 376(2)(n)/34 IPC, following the victim’s denial of kidnapping allegations and absence of tampering risk.
Directed that in the event of arrest, the petitioner be released on bail by the Officer effecting arrest on appropriate terms and conditions.
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IN THE HIGH COURT OF ORISSA : CUTTACK
ABLAPL No.2420 of 2021
Kanha @ Kanhu Charan Das … Petitioner -Versus-
The State of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ORDER
This matter is taken up by video conferencing mode.
The Petitioner apprehending his arrest in Kakatpur P.S. Case No.29 of 2021, corresponding to Spl. G.R. Case No.16 of 2021, pending in the court of Additional Sessions Judge-cumSpecial Judge under POCSO Act, Puri registered for alleged commission of offences punishable under Sections 363, 366, 368, 109 and 376(2)(n)/34 of the I.P.C., has filed this petition for his release on pre-arrest bail.
Heard the learned counsel for the Petitioner and the learned counsel for the State-Opposite Party.
It is stated by the learned counsel for the State that in statement of the victim recorded under Section 164 of Cr.P.C., she has denied the allegation of kidnapping and made no whisper against the Petitioner in any manner. Investigation has substantially progressed. Nothing is there on record indicating the fact that the Petitioner shall abscond and/or tamper with the prosecution evidence, if allowed to go on pre-arrest bail.
Hence, on consideration of such statement of the victim and also the submissions made, especially the circumstances in which the Petitioner stated to have been indicted in this case and also it being not disputed that the Petitioner’s
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release on pre-arrest bail shall not be an hindrance to the free and fair investigation, this Court is of the view that the Petitioner has made out a case for his release on pre-arrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.
Hence, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.
However, the aforesaid order is subject to the condition that the Petitioner shall cooperate with the investigation and no other graver offence is reported against the Petitioner besides the aforesaid offences.
The ABLAPL is, accordingly, disposed of being allowed.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
…………………….. S.Pujahari, J.
DA
3 issues framed by the court
Whether the petitioner’s application for release on pre-arrest bail in a POCSO case shall be allowed given the victim’s denial of allegations and the non-prospect of absconding.
Whether the investigation in the case has substantially progressed.
Whether bail conditions of cooperation with investigation and disclosure of no other offences shall be imposed.
2 provisions across 2 enactments
Kanha @ Kanhu Charan Das
The State of Odisha
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
