Anil Sabar vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Gudari P.S. Case No. 02 of 2022 corresponding to G.R. Case No. 31 of 2022, in the Court of the learned S.D.J.M., Gunupur, where charge sheet dated 06.09.2023 has been submitted against the petitioner for commission of offences punishable under Section 363,366,376(2)(n), 376(3) of the IPC, read with Section 6 of the POCSO Act, 2012.

The prayer for bail of the petitioner has been rejected on 03.01.2024 by the learned Additional Sessions Judge-cum- P.O., Special Court under POCSO Act, Rayagada.

Mr. H. B. Dash, learned counsel for the petitioner submits that perusal of the record would reveal that the petitioner and victim were in love and as her family members did not support their relationship, the victim has voluntarily eloped with the petitioner, but after she went back to her house, she has made false allegations about the use of force by the petitioner.

Issue notice to the informant. Requisites for issuance of notice to the informant through Registered Post with A.D shall be filed within three working days. The notice shall be made returnable within three weeks.

Ms. S. Mishra, learned Addl. Standing Counsel for the State shall send a copy of the bail application to the I.I.C, Gudari Police Station for service on the informant. The IIC shall also inform the informant about the next date of posting of the case and that he/she can appear in Court through counsel or from the Police Station through Video Conferencing mode or from the Virtual High Court to oppose/ support the prayer for bail.

List this case on 02.04.2024. It shall be indicated in the cause list that the matter will be taken up at 2.00 p.m.

In the meanwhile, registry shall call for a report from the learned trial Court regarding status of the trial.

Copy of this order be handed over to Ms. S. Mishra, learned Addl. Standing Counsel for onward transmission to the IIC, Gudari Police Station.

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