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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Saroj Kumar Swain – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. facts surrounding the bail application. (Para 1 , 3 , 4) |
| 2. arguments regarding the petitioner's bail. (Para 5 , 6) |
| 3. court's observations on trial and evidence. (Para 7 , 8) |
| 4. rationale for granting bail. (Para 9) |
| 5. final conclusion and order of the court. (Para 10 , 11 , 12) |
Judgment :
A.C. Behera, J.
1. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.
2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.
3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292 -A, 212, 376(2)(n) of the IPC , 1860, Section 6 of the POCSO Act, 2012 and Sections 66 -E, 67-A & 67-B of
The court may grant bail if a petitioner has been in custody for an extended period and lacks evidence of interference with trial proceedings, balancing the seriousness of charges against the potenti....
Point of Law : POCSO – Grant of Bail - Love affair between the petitioner and the prosecutrix and their marriage is likely to take place in near future.
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....
Bail may be granted when investigations are complete, charge sheets filed, and there is no risk of tampering with evidence, even amid serious allegations.
Point of Law : 8. Complainant has willingly been staying with the appellant and had the relationship. Therefore, now if the relationship is not working out, the same cannot be a ground for lodging an....
Grant of Bail - Bail is not to be withheld as a punishment.
Point of Law : Petitioner allegedly transmitted the obscene photographs of the prosecutrix to the prosecutrix’s brother bringing him prima facie withing the domain of Section 67 of the IT Act, 2020, ....
The presumption of innocence, the discretion of granting bail, and the need for a humane approach in bail decisions were central legal principles established in the judgment.
The court emphasized that bail should be granted based on the credibility of allegations and the necessity to prevent witness tampering, establishing stringent conditions for the accused.
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