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Judgment
15 paragraphs · 266 wordsD.Dash, J
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
The Petitioner being in custody in connection with Koksara P.S. Case No.113 of 2020 corresponding to C.T. Case No.130/34 of 2020 (POCSO) on
the file of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna running for commission of offence under sections
363/376(2)(n) of the IPC read with section 6 of POCSO Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Heard learned counsel for the Petitioner and learned counsel for the State.
Taking into account the submissions made; further keeping in view the materials on records including the statement of the victim and the medical
reports as those stand against the Petitioner with other surrounding circumstances as also the period of detention of the Petitioner in custody and on
going through the order passed by the learned Additional Sessions Judge-cum-Special Court under POCSO Act; in the absence of any such
impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the
court in seisin of the case with further conditions that he will not terrorize or threaten the prosecution witnesses including the victim; and will appear in
person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.
Violation of any of the above condition(s) shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
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