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Judgment
S. K. Sahoo, J
1. This matter is taken up through video conferencing Mode.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. This is an application for bail under section 439 of Cr.P.C. in connection with Bhatli P.S. Case No. 173 of 2020 correspondi ng to G.R. Case No.
49 of 2020 pending in the file of learned Addl. Sessions Judge â€" cum- Special Court under POCSO Act, Bargarh for alleged commission of
offences under sections 376/ 511 of the Indian Penal Code and section 8 of the POCSO Act.
4. The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge â€"cum- Special Court under POCSO Act, Bargarh vide
order dated 25.02.2021.
5. In view of the 164 Cr.P.C. statement of the victim, who is a minor girl aged about thirteen years placed by the learned counsel for the State and
taking into account the nature and gravity of accusation and since charge sheet has already been submitted, while not inclining to release the petitioner
on bail, I direct the learned trial Court to expedite the trial and at the first instance take steps for examination of the victim and for ensuring the
attendance of the victim, the learned trial Court shall take the assistance of the Inspector in-charge of Bhatli Police Station.
The petitioner is at liberty to renew his prayer for bail after examination of the victim in the trial Court.
6. The BLAPL is accordingly disposed of.
7. 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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