H. Court of Orissa, C.A., disposed of a Section 439 of Cr.P.C. bail application filed by accused facing charges of unnatural offence and aggravated penetrative sexual assault under POCSO Act. Bail was rejected pending victim examination.
Bail application rejected. Petitioner encouraged to renew prayer for bail after victim examination.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11589 of 2022
Gopal Harijan …. Petitioner M/s. A.K.Sahoo , Advocate
-versus-
State of Orissa
…. Opp. Party M/s.S.R.Roul, A.S.C.
CORAM:
Order No.
JUSTICE G. SATAPATHY ORDER 19.12.2022
// 2 //
specific allegation against the petitioner for committing unnatural offence and aggravated penetrative sexual assault upon a boy stated to be aged about 9 years and taking into consideration the other circumstance on record in entirety, this Court does not find any merit in the bail application. Accordingly, the prayer for bail of the petitioner stands rejected.
The petitioner may renew his prayer for bail after examination of the victim and the learned trial Court is requested to examine the victim at the earliest by taking sincere step as per the submission of the learned counsel for the petitioner.
( G. Satapathy) Judge
Kishore
3 issues framed by the court
Whether bail should be granted to the accused in the case of unnatural offence and aggravated penetrative sexual assault under Section 377 IPC read with Section 6 POCSO.
What is the impact of medical report discrepancy on the bail application.
When the petitioners prayer for bail should be renewed after examination of victim.
3 provisions across 3 enactments
Gopal Harijan
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
