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Judgment
21 paragraphs · 393 wordsS. K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard the learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner has filed a memo enclosing the Xerox copy of the 164 Cr.P.C. statement of the victim, which is taken on record.
This is an application under section 439 of Cr.P.C. in connection with Dhenkanal Sadar P.S. Case No. 598 of 2020 corresponding to C.T. Special
(P) Case No. 87 of 2020 pending in the Court of learned Judge, Special Court (POCSO), Dhenkanal for alleged commission of offences under
sections 341, 294, 354-D, 506 of the Indian Penal Code and section 12 of POCSO Act.
The bail application of the petitioner has been rejected by the learned Judge, Special Court (POCSO), Dhenkanal as per order dated 24.02.2021.
Considering the submission made by the learned counsel that the petitioner is in judicial custody since 08.07.2020 and charge sheet has already been
submitted under sections 341, 294, 354-D, 506 of the Indian Penal Code and section 12 of POCSO Act and after going through the 164 Cr.P.C. of the
victim placed by the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may
deem just and proper including the conditions that he shall not come in contract either with the victim or any of the prosecution witnesses and shall
appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail
cancellation of bail.
The BLAPL is accordingly disposed of.
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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