High CourtsSingle Bench

Babu @ Bhubendra Jena vs State Of Odisha

Orissa High Court · Decided on 21 December 2023 · Citation: (2023) 12 OHC CK 0138

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 34, 376, 506, 507, 511 · Protection of Children from Sexual Offences Act, 2012 — Section 12
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12454 Of 2023
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Judgment

9 paragraphs · 188 words

Savitri Ratho, J

1.

Heard Mr. S.K. Baral, learned counsel for the petitioner and Mr. S.S. Pradhan, learned Addl. Government Advocate for the State.

2.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Soro P.S. Case No. 607 of 2023 corresponding to Special Case No. 264 of 2023 pending in the Court of the learned Addl. District Judge -cum- Special Court under (POCSO) Act, Balasore registered under Sections 376, 511, 506, 507, 34 of IPC read with Section 12 of POCSO Act.

3.

The prayer of the petitioner has been rejected vide order dated

17.

10.2023 by the learned Addl. District Judge -cum- Special Court under (POCSO) Act, Balasore.

4.

Considering the statement of the victim recorded under Section 164 of Cr.P.C., I am not inclined to release the petitioner on bail at this stage. The BLAPL is dismissed.

5.

It is open to the petitioner to approach the learned Court below for bail afresh after examination of the victim girl in the trial.

6.

Urgent certified copy of this order be granted on proper application.

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