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IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
Ramesh Chandra Sahoo – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. introduction of bail application and facts of the case (Para 1 , 2) |
| 2. petitioner's argument for bail based on offence classification (Para 3) |
| 3. court's analysis on bailable vs non-bailable offences under pocso (Para 4 , 5 , 6 , 7 , 8) |
| 4. court's order for granting bail (Para 9) |
| 5. final directives and circulation of judgment (Para 10 , 11) |
JUDGMENT :
G. SATAPATHY, J.
1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Raghunathpur PS Case No.155 of 2025 corresponding to Spl. GR Case No.74 of 2025 pending in the file of learned Additional Sessions Judge-Cum-Special Judge under the Protection of Children from Sexual Offences Act, 2012 (in short “the POCSO Act”), Jagatsinghpur, for commission of offences punishable U/Ss.74 of BHARATIYA NYAYA SANHITA , 2023 (in short “the BNS”) r/w Sections 12 /21(2) of POCSO Act.
2. The facts as emerged out from the record are that the petitioner was the Principal of Swami Arupananda Higher Secondary School of Education & Technology, Kurtanga and the victim girl was a student of that school at the relevant time of occurrence in which the victim girl was subjected to sexual harassment and m
Denial of bail for a bailable offence violates personal liberty protected under Article 21, affirming the fundamental right to bail.
Bail – A person cannot be detained in custody without sanction of law – In a case for commission of bailable offence, accused has fundamental right to be released on bail.
The main legal point established in the judgment is the requirement of sexual intent for the offence of sexual harassment under the POCSO Act, the presumption of innocence until proven guilty, and th....
Point of Law : Section 2(a) of Cr.P.C. defines bailable offence as "an offence which is shown as bailable in First Schedule, or which is made bailable by any other law for time being in force."
Bail Application - Offence of sexual assault - Mere non-filing of charge sheet cannot be a ground for rejection of the bail, especially when no evidence has been brought on record to keep accused beh....
The court emphasized the importance of the victim's well-being and ongoing examinations in denying bail to an accused charged under the POCSO Act.
The court considered the maximum punishment, completion of investigation, and the need for trial in granting bail to the petitioner.
Various principles to be kept in mind, while deciding petition for bail viz. prima facie case, nature and gravity of accusation, punishment involved, apprehension of repetition of offence and witness....
The main legal point established in the judgment is the presumption of innocence, the importance of a humane approach in bail applications, and the need for a speedy trial, as emphasized by the provi....
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