High CourtsSingle Bench

Babula Parida vs Pujarani Pala

Orissa High Court · Decided on 2 July 2021 · Citation: (2021) 07 OHC CK 0026

HON’BLE JUDGES
S. K. Sahoo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 376(2)(n), 506 · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2040 Of 2021
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Judgment

18 paragraphs · 314 words

S. K. Sahoo, J

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Tirtol P.S. Case No.244 of 2020 corresponding to Special G.R. Case No. 39 of

2020 pending in the file of learned  Addl.  Sessions  Judge           -cum- Special Judge, Jagatsinghpur for alleged

commission of offences under sections 376(2)(n)/506 of the Indian Penal Code and section 6 of the POCSO Act.

The prayer for bail of the petitioner has been rejected by the learned Special Judge, Jagatsinghpur vide order dated 23.02.2021.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 28.07.2020 and charge sheet

has been submitted under sections 376(2)(n)/506 of the Indian Penal Code and section 6 of the POCSO Act and after going through the 164 Cr.P.C.

statement of the victim placed by the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may

deem just and proper.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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