The High Court of Orissa rejected a bail application under Section 439 CrPC relating to rape and aggravated penetrative sexual assault under the POCSO Act. The Court declined bail due to the grave nature of the allegations against a twelve-year-old victim.
Bail application rejected; trial to be expedited.
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.9887 of 2021
Kanhua @ Kanhu Jena
…. Petitioner
Mr. A. Bhoi, Advocate
-versus-
State of Orissa and another
…. Opp. Parties Mr. P.K. Pattnaik, A.G.A.
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER 07.12.2022
// 2 //
Priyajit
2 issues framed by the court
Whether bail should be granted in a rape case under POCSO Act against a minor victim.
Whether the seriousness of the POCSO offence bars bail under Section 439 CrPC.
3 provisions across 3 enactments
Kanhua @ Kanhu Jena
State of Orissa
G. SATAPATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
