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B.Srinivas Reddy vs State of Orissa

Orissa High Court · Decided on 27 September 2023 · Citation: (2023) 09 OHC CK 0199

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 34, 363, 366, 376(2)(n), 506 · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10313 Of 2023
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Judgment

11 paragraphs · 207 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in connection with G.R. Case No.20 of 2019, pending on the file of learned Additional District Judge-cum-Special Court under POCSO Act, Berhampur, arising out of Purushottampur P.S. Case No.50 of 2019, for alleged commission of offences under Sections 363/366/376(2)(n)/506/34 of IPC read with Section 6 of POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Special Court under POCSO Act, Berhampur, by order dated 05.09.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 28.04.2020 and as charge sheet has been filed on 18.12.2020, further continuance of the petitioner in custody is unwarranted.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Perused the 164 Cr.P.C. statement of the victim.

7.

Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule..

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