The High Court at Cuttack granted bail to the petitioner accused of repeated sexual intercourse under the POCSO Act and IPC. The court noted pre-trial detention and admitted him to bail on furnishing bonds and adhering to standard conditions.
The petitioner is allowed on bail on furnishing bail bonds of Rs.25,000 with two solvent sureties for like amount.
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.11598 of 2022
Ajit Swain
…. Petitioner Mr. S.Dwibedi, Advocate
-versus-
State of Orissa
…. Opp. Party Mr. P.K. Pattnaik, A.G.A.
CORAM:
JUSTICE G. SATAPATHY
ORDER
Order No.
19.12.2022
// 2 //
however, strongly opposes the bail application of the Petitioner on the ground that the victim has been forcibly raped by the Petitioner.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the Petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out.
( G. Satapathy) Judge
Priyajit
2 issues framed by the court
Whether bail should be granted to the petitioner accused of offences under sections 376(2)(n) and 6 of the POCSO Act.
Whether the age of the victim and nature of relationship negate the offence of repeat rape under section 376(2)(n) IPC.
2 provisions across 2 enactments
Ajit Swain
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
