In this bail application under Section 439 Cr.P.C. concerning a POCSO case, the High Court refused to grant bail. The judge, considering the victim's statement, declined the release at that stage and dismissed the application.
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. 12454 of 2023
Babu @ Bhubendra Jena ….. Petitioner Mr. S.K. Baral, Adv.
Vs.
….. State of Odisha Opp. Party Mr. S.S. Pradhan, A.G.A.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
21.12.2023
Order No. (Through hybrid mode)
Section 164 of Cr.P.C., I am not inclined to release the petitioner on
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bail at this stage. The BLAPL is dismissed.
below for bail afresh after examination of the victim girl in the trial.
application.
……………………
(Savitri Ratho) Judge
Sukanta
Signature Not Verified
Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 22-Dec-2023 12:45:27
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2 issues framed by the court
Whether bail should be granted to the petitioner in a POCSO case after the High Court heard the matter.
Whether the victim's statement recorded under Section 164 of Cr.P.C. bars the release of the petitioner on bail.
3 provisions across 3 enactments
Babu @ Bhubendra Jena
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
