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Judgment
12 paragraphs · 250 wordsV. Narasingh, J
It is submitted by the learned counsel for the State, on instruction, that the notice has been served on the victim/informant on 1.4.2023. In spite of service of notice, no one appears on behalf of the victim/informant.
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in T.R No.34 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Jeypore, arising out of Kotpad P.S. Case No.39 of 2022 for commission of the offence under Sections 363/376(2)(n)376(3)/344 IPC and Sections 4(2)(6) of the POCSO Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Court under POCSO Act, Jeypore, by order dated 04.01.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 20.03.2022 and as charge sheet has been filed on 9.5.2022, his further continuance in custody is not warranted.
Learned counsel for the State opposes the prayer for bail.
Perused the statement of the victim recorded under Section 164 Cr.P.C.
Considering the tenor thereof and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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