High CourtsSingle Bench

Debendra Mirdha vs State Of Odisha

Orissa High Court · Decided on 25 August 2023 · Citation: (2023) 08 OHC CK 0167

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 114, 341, 366, 376DA, 376(3), 379, 506 · Protection Of Children from Sexual Offences Act, 2012 — Section 6, 17
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7059 Of 2023
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Judgment

12 paragraphs · 265 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in C.T. Case No.07 of 2023 pending before the learned A.D.J.-cum-Special Court, Bargarh, arising out of Bheden P.S. Case No.19 of 2023, for commission of alleged offence under Sections 506/341/366/376(3)/114/34 of IPC and Section 6 and 17 of POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C by the learned A.D.J.-cum-Special Court under POCSO Act, Bargarh, by order dated 25.04.2023 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 18.01.2023 and as charge sheet has been filed on 17.03.2023, his further continuance in custody is unwarranted.

5.

Learned counsel for the State as well as the informant oppose the prayer for bail.

6.

It is apt to note here that in the case at hand, FIR was filed under Sections 376DA/379/506/34 of IPC and Section 6 of POCSO Act and after investigation charge sheet has been filed under Sections 506/341/366/376(3)/114/34 of IPC and Section 6 and 17 of POCSO Act.

7.

This Court perused the statement of the victim aged about 15 years on the date of occurrence.

8.

On considering the same, this Court is not inclined to entertain the bail application at this stage.

9.

Leave is granted to the petitioner to renew his prayer before the learned Court in seisin after examination of the victim.

10.

Accordingly, the BLAPL stands disposed of.

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