Ajit Balua vs State Of Odisha

Savitri Ratho, J

This is the successive application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Burla P.S. Case No.4 of 2019 corresponding to Special G.R. Case No.2 of 2019 pending in the Court of learned Adhoc A.D.J. FTSC under POCSO, Sambalpur for commission of offence punishable under Section 376(2)(n)/376(3) of the IPC read with Section 6 of the POCSO Act.

Perusal of the rejection order reveals that the informant had been noticed by the learned trial court, but had failed to appear in the Court when the bail application was taken up on 17.01.2021.

Mr. B.R. Tripathy, learned counsel for the petitioner submits that notice may be issued to the informant as charge sheet has been filed in this case under Section 376(2)(n)/376(3) of the IPC read with Section 6 of the POCSO Act. Learned counsel for the petitioner further submits that the petitioner is in custody since 03.01.2019, but the trial is still in progress.

Perusal of the FIR reveals that the victim-informant is a minor. Hence, on the oral prayer of Mr. Tripathy, learned counsel for the petitioner, instead of the victim, her father Sri Dutia Khadia, Son of late Ladu Khadia, Village-Senahapali, P.S.- Burla, Dist.-Sambalpur is added as Opposite Party No.2 in the bail application.

Mr. Tripathy, learned counsel shall file an amended/consolidated cause title impleading Sri Dutia Khadia as Opposite Party No.2 in this bail application.

Issue notice to the Opposite Parties.

Mr. J. Katikia, learned Addl. Govt. Advocate for the State accepts notice on behalf of Opposite Party No.1-State. Requisites for issuance of notice on Opposite Party No.2 by Registered Post with A.D shall be filed by 06.02.2023, returnable within three weeks.

Learned counsel for the appellant shall also serve an extra copy of the brief on Mr. Katikia, learned Addl. Govt. Advocate by

02.2023, for service of notice of the BLAPL on Opposite Party No.2 through the concerned I.O./I.I.C, who shall also inform the Opposite Party No.2 about the date of the posting of the case and that he/she can appear in Court through counsel or from the Police Station through Video Conferencing to oppose/support the prayer for bail.

List this case in the week commencing 27.02.2023.

In the meanwhile, Registry is directed to call for a report from the Court of the learned Adhoc A.D.J. FTSC under POCSO, Sambalpur regarding status of Special G.R. Case No.2 of 2019 and the reasons for delay in completion of the trial.

Copy of this order be supplied to Mr. J. Katikia, learned Addl. Govt. Advocate.

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