Basanta Kumar Naik vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the State submitted that since the informant is not available in the address given in the first information report, notice could not be

served on him and he sought for some further time.

As it appears the case was taken up for the first time on 23.02.2021 when notice was directed to be issued to the informant and thereafter, the case

has suffered number of adjournments. Therefore, I am not inclined to grant further adjournment.

Heard the 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 G.R. Case No.47 of 2020 arising out of Buguda P.S. Case

No.198 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Berhampur for offences

punishable under sections 363/366/376(2)(n)/376(3) of the Indian Penal Code read with section 6 of the POCSO Act.

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -cum-Special Court under POCSO Act, Berhampur vide

order dated 13.10.2020.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 26.07.2020 and he has been charge sheeted under sections

363/366/376(2)(n)/376(3) of the Indian Penal Code read with section 6 of the POCSO Act and the victim refused her medical examination and

therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Perused the 164 Cr.P.C. statement of the victim, who is aged about fifteen years at the time of occurrence in which she has alleged commission of

rape on her by the petitioner.

In view of the 164 Cr.P.C. statement of the victim who is a minor girl and the nature and gravity of the accusation against the petitioner, at this stage,

I am not inclined to release the petitioner on bail. The prayer for bail stands rejected.

However, taking into account the period of detention of the petitioner in judicial custody, I direct the learned trial Court to expedite the trial and steps

shall be taken for examination of the victim at the first instance and for ensuring the attendance of the victim, the learned trial Court shall take the

assistance of the Inspector in-charge of Buguda police station. The petitioner is at liberty to renew his prayer for bail after examination of the victim in

the trial Court.

The BLAPL is accordingly disposed of.

A copy of the order be communicated to the learned trial Court for compliance.

Issue urgent certified copy as per Rules.

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