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Judgment
16 paragraphs · 258 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical 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 T.R. Case No.293 of 2020 arising out of Kodinga P.S. Case No.69 of 2020
pending in the Court of learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Nabarangpur for offences punishable under sections
363/376(2)(n)/376(3) of the Indian Penal Code read with section 6 of the Protection of Children from Sexual Offences Act.
In view of the 164 Cr.P.C. statement of the victim that the petitioner is a married person and the the victim was aged about 14 years and two
months at the time of occurrence and the petitioner kept physical relationship with the victim for about eight days 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 03.07.2020, I direct the learned trial Court 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.
Urgent certified copy of this order be granted on proper application.
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