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Judgment
20 paragraphs · 299 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
Learned counsel for the State on instruction submitted that the notice on the informant is sufficient.
None appears on behalf of the informant.
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 G.R. Case No.61 of 2020 arising out of Pattamundai P.S. Case No.280 of
2020 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Kendrapara for offences punishable under sections 376 AB/506 of
the Indian Penal Code read with section 4 of the Protection of Children from Sexual Offences Act.
Considering the age of the victim and her 164 Cr.P.C. statement and the nature and gravity of the accusation against the petitioner, I am not
inclined to release the petitioner on bail.
Accordingly, the BLAPL stands rejected.
However, taking into account the period of detention of the petitioner in judicial custody since 30.07.2020, the learned trial Court is directed to
expedite the trial and at the first instance, steps shall be taken to examine the victim and the petitioner is at liberty to renew the prayer for bail after
examination of the victim in the trial Court.
A copy of the order be communicated to the learned trial Court for compliance.
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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