In a POCSO case, the High Court declined to grant anticipatory bail but granted liberty to the petitioner to surrender before the special judge within a week to move for bail, with a promise of release on appropriate terms.
Liberty granted to surrender before the Court below within a week to move for bail; no anticipatory bail granted.
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
ABLAPL No.6053 of 2023
Abinash Bhuyan @ Babuna
Petitioner
Mr. P.K.Mohanty, Advocate
-versus-
State of Odisha …. Opposite Party
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
08.11.2023.
Order No.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl.
Standing Counsel for the State.
Page 1 of 2
// 2 //
Section 161 of Cr.P.C. while not being inclined to grant anticipatory bail to the Petitioner, the ABLAPL is disposed of granting liberty to the Petitioner to surrender before the Court below within a week from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail on such terms and conditions as may be deemed fit and proper by the said Court.
5. Urgent certified copy of this order be granted on proper
application.
(Sashikanta Mishra)
AKB Judge
Signature Not Verified
Digitally Signed Signed by: ASHOK KUMAR BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Nov-2023 11:04:25
Page 2 of 2
1 issue framed by the court
Whether liberty to the petitioner to surrender for bail proceedings should be granted before refusing anticipatory bail in a POCSO case.
1 provisions across 1 enactments
Abinash Bhuyan @ Babuna
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
