Bail application by a woman accused of abetting kidnapping offences under Sections 363/366 IPC in a POCSO case. Court applied the proviso to Section 437 Cr.P.C. favouring women accused and granted bail with conditions including bond of Rs.50,000 and trial attendance.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.3592 OF 2024
Chandrakanti Nahak
…. Petitioner
Represented By Adv. -Mr. Tusar Ku. Mishra.
-versus-
State of Odisha & Another …. Opposite Parties, Represented By Adv. -Mr.Gyanalok Mohanty, SC. CORAM:
HON’BLE MR. JUSTICE A.C. BEHERA ORDER
Order No.
12.11.2024
When the basis of the implication of the Petitioner into the alleged incident as an abettor of the offences under Section-363/366 of the IPC; and when the Petitioner is a lady and she is in custody since 04.02.2024, then at this juncture, by taking to the nature of her
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involvement into the alleged incident into account and also by applying beneficial provision of the proviso of Section-437 of the Cr.P.C. corresponding to Section-480 of the BNS, 2023 for consideration of bail of an woman accused like the Petitioner, the bail application of the Petitioner is allowed.
Therefore, the bail application filed by the on the Petitioner is allowed.
She (Petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties for the like amount to the satisfaction of the learned Additional District and Sessions Judge-cum-Special Court, POCSO Act, Angul with conditions that:-
(i) she (Petitioner) shall not involve with similar nature of crime in future.
(ii) she (Petitioner) shall remain present each date of adjournment of the trial Court till its conclusion.
(iii) she (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant/victim and her family members either directly or indirectly in any manner whatsoever at any stage of the trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial Court is authorized to cancel her bail order outrightly without seeking any permission for the same from this Court.
Signature Not Verified
Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 12-Nov-2024 19:17:55 Narayan
(A.C. Behera), Judge.
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1 issue framed by the court
Whether a woman accused of abetment under Sections 363/366 IPC should be granted bail under Section 439 read with proviso to Section 437 Cr.P.C. after prolonged custody.
3 provisions across 2 enactments
Chandrakanti Nahak
State of Odisha
Another
A.C. Behera
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
