The High Court of Orissa dismissed the bail application of Narayan Jani in a POCSO case. The court held that the petitioner misused the interim bail liberty, making the case unfit for further bail at this stage. The BLAPL No.3300 of 2019 was accordingly dismissed.
BLAPL No.3300 of 2019 is dismissed; bail to the petitioner is denied.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3300 of 2019
Narayan Jani
…. Petitioner
None
Versus
State of Orissa
…. Opp. Party Mr.S.S.Pradhan, AGA
CORAM:
JUSTICE SAVITRI RATHO
ORDER
Order No.
29.11.2021
This matter is taken up through hybrid mode.
None appears for the petitioner when the matter is called. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner-Narayan Jani in connection with Belpada P.S. Case No.205 of 2018 corresponding to G.R. Case No.86 of 2018 pending in the Court of the learned 1st Addl. District and Sessions Judge-cum-Special Court (POCSO Act), Balangir for commission of offence punishable under Section 376 (2) (i) of I.P.C. read with Section 6 of POCSO Act.
Vide order dated 01.11.2021, a report had been called for from the learned Addl. District & Sessions Judge-cum-Special Judge (POCSO) Act, Balangir regarding development in the case and steps taken for apprehension of the petitioner as his report dated 23.12.2020 indicated that the case has been posted to 25.01.2021 for production of the accused and for filing of show cause by the bailers. Learned Addl. Standing Counsel had also been directed to obtain instructions in the matter. The said report has not yet been received by the Registry.
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Mr. S.S.Pradhan, learned Addl. Government Advocate files a report of the I.I.C., Belpada P.S. dated 31.10.2021 along with a memo wherein it has been stated that N.B.W. has been issued against the petitioner vide letter No.38/2020 dated 24.12.2020 and sent to the I.I.C. Khaprakhol P.S. and N.B.W. has been executed on 4.3.2021 by SI P, Negi of Khaprakhol P.S. vide DR No.241 dated 4.3.2021 before the court of ASJ-cumSpecial Court (POCSO) Act, Balangir.
In view of the fact that the petitioner has mis-used the liberty granted to him while availing the interim bail, I do not think this is a fit case for grant of bail to the petitioner- Narayan Jani at this stage.
Bichi
Hence, the BLAPL is dismissed.
(Savitri Ratho)
Judge
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2 issues framed by the court
Whether bail should be granted to the petitioner who misused interim bail in a POCSO case.
Whether the BLAPL for grant of bail under Section 439 Cr.P.C. should be allowed.
3 provisions across 3 enactments
Narayan Jani
State of Orissa
J. Savitri Retho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
