The High Court refused anticipatory bail in a POCSO matter. Liberty was granted to the petitioner to surrender to the court below within a week and move for regular bail, with release contingent on terms imposed by the lower court.
Liberty to surrender before the court below within a week and move for bail on such terms as the court below deems fit.
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. 8498 of 2023
Biswajit Nayak@Gudu
…. Petitioner
Mr. S.K. Bhanjadeo, Advocate
-Versus -
State of Odisha …. and another
Opposite Parties
Additional Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_
21.11.2023
Order No. 06.
Page 1 of 2
materials on record and in particular the statement of the victim recorded under Section 164 of Cr.PC. 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 condition as the court below may deem fit and proper to impose.
proper application.
( Sashikanta Mishra)
Judge
B.C. Tudu
Signature Not Verified
Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 23-Nov-2023 18:41:36
Page 2 of 2
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in these custodial safeguard circumstances.
2 provisions across 2 enactments
Biswajit Nayak@Gudu
State of Odisha
Sashikanta Mishra
Bhigal Chandra Tudu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
