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Judgment
22 paragraphs · 421 wordsS. K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Khaira P.S. Case No. 94 of 2020 corresponding to S.T. Case No.
13/164 of 2021/2020 pending in the file of learned 2nd Addl. Sessions Judge, Balasore for alleged commission of offences under sections 498-A, 354,
294, 506, 376(2)(f) and 323 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned 2nd Addl. Sessions Judge (in charge), Balasore.
It appears that the earlier bail application of the petitioner in BLAPL No. 4677 of 2020 was rejected as per order dated 09.12.2020 mainly relying
on the 164 Cr.P.C. statement of the victim, who has implicated the petitioner in the commission of rape as well as taking into account the nature and
gravity of accusation and liberty was given to the petitioner to renew his prayer for bail after examination of the victim in the trial Court.
It is contended by the learned counsel for the petitioner that though after rejection of the earlier bail application, the case has been committed to the
Court of Session and it is now subjudiced in the Court of learned 2nd Addl. Sessions Judge, Balasore in S.T. Case No. 13/164 of 2021/2020, but till
date the victim has not been examined though charge has already been framed.
In view of such submission, since there is no change in the circumstances, while not inclining to reconsider the prayer for bail, liberty is granted to
the petitioner to renew his prayer for bail after examination of the victim in the trial Court. For such examination of the victim, the learned trial Court
shall take the assistance of the Inspector in-charge of Khaira Police Station for service of summons and ensuring her attendance on the date fixed.
The BLAPL is accordingly disposed of.
Let a copy of the order be communicated to the learned trial Court for compliance.
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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