Rakesh Das v. State of Odisha
Case brief
What is this about?
The Supreme Court granted bail to a petitioner detained in connection with sections 363 and 376 of the IPC and section 4 of the POCSO Act, considering victim statement and detention period.
What did the court decide?
Petitioner to be released on bail with such terms and conditions as deemed just and proper by the court.
What the court decided
BLAPL No.92 of 2021
- 21.01.2021 This matter is taken up through video conferencing mode.
The petitioner being in custody in connection with Balasore Sadar P.S. Case No.271 of 2020 corresponding to Special Case No.267 of 2020 pending in the court of the learned Addl. Sessions Judge-cum-Special Judge, Balasore running for the alleged commission of offence under sections 363/376(1) of the I.P.C. read with section 4 of the POCSO Act has filed this application under section 439, Cr.P.C. for his release on bail.
Heard learned counsel for the petitioner and learned for the State.
Considering the submissions made and on going through the materials available on record including the statement of the victim, further keeping in view the surrounding circumstances and the period of detention of the petitioner in custody; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case.
The BLAPL is accordingly disposed of.
…………………..
D. Dash,J.
Aks
Issues for consideration
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under sections 363 and 376 of the IPC and section 4 of the POCSO Act.
Parties & counsel
- petitioner
Petitioner
- respondent
State
Coram
D. Dash
Case details
As recorded by the court registry
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