On the first bail application in a rape case involving offences under sections 376(2)(i)(n)/307 IPC read with section 6 of POCSO, the High Court permits release on bail considering the victim's statement did not implicate the petitioner.
Petitioner released on bail by furnishing bond of Rs. 50,000 with two local solvent sureties for equal amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 4946 of 2021
Narendra Ranchulia
…. Petitioner
Mr. U.C. Jena, Advocate
-versus-
State of Odisha
…. Opp. Party Mr. A.K. Beura, A.S.C.
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 06.08.2021
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Reamal P.S. Case No.66 of 2017 corresponding to Special G.R. Case No.7 of 2017 pending on the file of learned Addl. Sessions Judge, Deogarh for alleged commission of offences under sections 376(2)(i)(n)/307 of the Indian Penal Code read with section 6 of the POCSO Act.
The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge – cum- Special Judge, Deogarh vide order dated 15.04.2021.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 30.03.2017 and he has been charge sheeted under sections 376(2)(i)(n)/307 of the Indian Penal Code read with section 6 of the POCSO Act and his earlier bail application in BLAPL No.2996 of 2019 was rejected as per the order dated 29.04.2019 and liberty was granted to the petitioner to renew his prayer for bail after examination of the victim in the trial Court. It is further submitted by the learned counsel for the petitioner that in the meantime, trial has commenced and the victim has been examined as P.W.11 and she has not stated anything against the petitioner relating to commission of offences under section 376(2)(i)(n) of the Indian Penal Code and section 6 of the POCSO Act and in view of the change in the circumstances, the bail application of the petitioner may be favourably considered.
Perused the evidence of the victim.
Learned counsel for the State opposed the prayer for bail.
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// 3 //
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the evidence adduced by the victim being examined as P.W.11 and the period of detention of the petitioner in judicial custody and in view of the change in the circumstances, I am inclined to reconsider the prayer for bail and direct the petitioner to be released 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.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Judge
P
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1 issue framed by the court
Whether to grant bail to the petitioner despite earlier rejection given the change in circumstances after victim examination.
1 provisions across 1 enactments
Narendra Ranchulia
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
