This judgment is a bail application under Section 439 Cr.P.C. The petitioner was in judicial custody charged with crime under IPC and POCSO Act. The Sessions Judge rejected the bail plea. This court, considering the submissions and the period of detention, granted bail.
Petitioner released on bail with bond of Rs. 50,000 and two sureties for like amount.
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BLAPL No. 168 of 2021
Dolagobinda Das … Petitioner -Versus-
This matter is taken up through Video Conferencing/Physical Mode.
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with Special Case No.310 of 2020 arising out of Singla P.S. Case No.184 of 2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Balasore for alleged commission of offences punishable under sections 376(2)(n)/376(2)(i)/313/323/ 506 of the Indian Penal Code read with section 6 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Balasore which was rejected on 11.12.2020.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 20.11.2020 and he has been charge sheeted under sections 376(2)(n)/ 376(2)(i)/313/323/506 of the Indian Penal Code read with section 6 of the POCSO Act. It is further submitted that the case arises out of a complaint petition which was filed before the learned Special Judge (POCSO), Balasore on 24.08.2020 and accordingly I.C.C. Case No.24 of 2020 was registered and it was sent to the Inspector in charge of Singla police station under section 156(3) of
Cr.P.C. for registration of the F.I.R. and investigation and accordingly Singla P.S. Case No.184 of 2020 was registered and the complaint petition itself indicates that the occurrence first took place on 10.10.2013. It is further submitted that the victim appears to be the sister-in-law of the sister of the petitioner and the ingredients of offences are not attracted and at present as per the complaint petition, the victim has filed a case in the Court of learned Judge, Family Court, Balasore which has been registered as C.P. No.681 of 2019 and the same is subjudiced. He further submits that in view of the available material on record, the bail application of the petitioner may be favourably considered.
Learned counsel for the State has produced the case diary and placed the 164 Cr.P.C. statement of the victim who is aged about twenty two years.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the 164 Cr.P.C. statement of the victim and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and
proper subject to condition that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial and he shall not try to tamper with the prosecution evidence.
Violation of any conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
…………………..…… S.K. Sahoo, J.
P
3 issues framed by the court
Whether the petitioner, charged with offences under the IPC and POCSO Act, should be released on bail after the order of the Sessions Judge was rejected.
Whether the period of detention in judicial custody and the nature of accusations warrant granting bail.
Whether the petitioner is eligible to be released on bail by this court under Section 439 Cr.P.C.
2 provisions across 2 enactments
Dolagobinda Das
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
