Dismissed¶19

Juleising Tiyu v. State of Odisha

Orissa HC19 Feb 2024BLAPL/12406/2023

Case brief

AI extract

What is this about?

Juleising Tiyu v. State of Odisha; BLAPL No.12406 of 2023; High Court of Orissa at Cuttack; D. Dash (Judge); bail denied/dismissed; successive bail application; s.439 Cr.P.C.; offences u/s 376(2)(n)/376(3) IPC r/w s.6 POCSO Act; Deogarh P.S. Case No.14 of 2020; Special G.R. Case No.02 of 2020; Special Court Deogarh; liberty to renew bail prayer after examination of victim; decision dated 19.02.2024.

What did the court decide?

Liberty granted to the petitioner to renew his prayer for grant of bail before the Trial Court after examination of the victim; urgent certified copy to be issued as per rules. ¶19

Juleising Tiyu Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to renew his prayer for grant of bail before the Trial Court after examination of the victim; urgent certified copy to be issued as per rules.

¶19

Issue for consideration

Whether the petitioner, in custody in connection with Deogarh P.S. Case No.14 of 2020 for offences punishable under sections 376(2)(n)/376(3) IPC read with section 6 of the POCSO Act, should be released on bail under section 439 Cr.P.C. in this successive bail application.

¶15

Court's answer

The Court was not inclined to reconsider for grant of bail to the petitioner.

¶16

Ratio / Principle

The application is disposed of granting liberty to the petitioner to renew his prayer for grant of bail before the Trial Court after examination of the victim.

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Key takeaways

The Trial Court would do well to take all effective steps as provided in law for early examination of the victim, so as to enable the petitioner to exercise the liberty afore-granted.obiter¶18

Detailed headnote1 paragraphs

Bail application refused - BLAPL No.12406 of 2023, High Court of Orissa at Cuttack (D. Dash, J.), decided 19.02.2024: Juleising Tiyu v. State of Odisha. The petitioner, in custody in connection with Deogarh P.S. Case No.14 of 2020 corresponding to Special G.R. Case No.02 of 2020 arising out of Special C.T. Case No.2 of 2020 pending before the learned Additional Sessions Judge-cum-Judge, Special Court, Deogarh, for offences punishable under sections 376(2)(n)/376(3) IPC read with section 6 of the POCSO Act, made a successive application under section 439 Cr.P.C. for release on bail. Considering the submissions, materials on record and surrounding circumstances, the Court, while not inclined to reconsider grant of bail, disposed of the application granting the petitioner liberty to renew his bail prayer before the Trial Court after examination of the victim, and urged the Trial Court to take all effective steps as provided in law for early examination of the victim. The BLAPL was accordingly dismissed.

Juleising Tiyu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Juleising Tiyu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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