This is a bail application under section 439 Cr.P.C. in a POCSO case. The High Court rejected the application, noting the petitioner has been in custody since February 2016 and the case is poised for trial.
Application for bail dismissed; matter disposed of.
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.6947 of 2020
Alok Dehury
…. Petitioner
Mr. P.C. Das, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. D.K. Pani,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 06.08.2021
03. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
Heard 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 Special G.R. Case No.13 of 2016 arising out of Baramba P.S. Case No.26 of 2016 pending in the Court of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Cuttack for offences punishable under sections 363/366-A/376 of the Indian Penal Code read with section 4 of the POCSO Act.
The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cumSpecial Court under POCSO Act, Cuttack which was
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rejected on 12.06.2020.
Since the petitioner is in judicial custody since 23.02.2016 and the case is now posted for argument, at this stage, I am not inclined to release the petitioner on bail.
If the statement made by the learned counsel for the State is correct, then the learned trial Court shall make every endeavour to pronounce the judgment within a period of two months from the date of receipt of the copy the order.
Accordingly, the BLAPL stands disposed of.
A copy of the order be communicated to the learned trial Court for compliance.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge
RKM
Page 2 of 2
1 issue framed by the court
Whether the petitioner should be released on bail in a POCSO case where he is already in judicial custody.
1 provisions across 1 enactments
Alok Dehury
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
