In a bail application under Section 439 Cr.P.C. filed by a petitioner accused under POCSO and IPC for rape, the High Court rejected the immediate bail prayer but granted liberty to renew the prayer before the trial court after the victim is examined.
Petitioner granted liberty to renew bail prayer before the trial court after examination of the victim.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3768 of 2021
Arjun Kumar Penthoi …. Petitioner Mr. N.Maharana, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Anupam Rath, ASC
CORAM:
MR. JUSTICE D.DASH ORDER
09.09.2021
Order No.
Page 1 of 2
// 2 //
from the materials available on record, as also the surrounding circumstances, while being not inclined to grant bail to the Petitioner, at this stage; this BLAPL stands disposed of granting liberty to the Petitioner to renew his prayer for bail before the court in seisin of the case after examination of victim in the trial. It is further observed that the trial court would do well to take all such effective steps as provided in law for early examination of victim in the trial so as to enable the Petitioner to exercise the liberty as aforesaid.
(D. Dash)
Judge
Aksethy
Page 2 of 2
1 issue framed by the court
Whether bail in a POCSO case involving rape should be granted at the present stage before examination of the victim.
1 provisions across 1 enactments
Arjun Kumar Penthoi
State of Odisha
D. DASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
