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Judgment
12 paragraphs · 301 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in C.T Case No.118 of 2022 (POCSO) pending on the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, arising out of Dharamgarh P.S. Case No.314 of 2022, for commission of offence under Sections 376/506 IPC and Section 4 of the POCSO Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, by order dated 09.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 16.12.2022 and as charge sheet has been filed on 20.02.2023, his further continuance in custody is not warranted.
Learned counsel for the State opposes the prayer for bail.
Perused the statement of the victim recorded under Section 164 Cr.P.C.
Considering the tenor thereof and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin and the Petitioner shall not threaten the victim and her family members and it shall be open to the victim to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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