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Judgment
12 paragraphs · 264 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with T.R. Case No.19 of 2023, pending in the Court of learned Additional District and Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur, arising out of Dabugaon P.S. Case No.84 of 2023, for alleged commission of offences under Sections 341/376(3) of IPC read with Section 4 of POCSO Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District and Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur, by order dated 21.06.2023 in the aforementioned case, the present BLAPL has been filed.
Notice is stated to have been served on the informant/victim on 15.07.2023 indicating that the matter shall be taken up today (25.08.2023). There is no appearance on behalf of the informant/victim when the matter is called.
It is submitted by the learned counsel that the petitioner is in custody since 22.04.2023 and since charge-sheet has been filed on 17.06.2023, further continuance of the petitioner in custody is unwarranted.
Learned counsel for the State opposes the prayer for bail.
Perused the 164 Cr.P.C. statement of the victim and the independent witness namely Dambaru Bhadra and other family members of the victim.
On considering the same, this Court is not inclined to entertain the bail application at this stage.
Leave is granted to the petitioner to renew his prayer before the learned Court in seisin after examination of the victim.
Accordingly, the BLAPL stands disposed of.
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