Krushna Chandra Sahoo vs State Of Odisha

Savitri Ratho, J

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Khurdha P.S. Case No. 280/2023 corresponding to T.R. Case No. 392/2023 in the Court of the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Bhubaneswar where chargesheet has been filed against the petitioner under Sections 363, 366, 376 (2) (n)/344 of IPC read with Section 6 of the POCSO Act.

The prayer for bail of the petitioner has been rejected vide order dated 01.11.2023 passed by the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Bhubaneswar in T.R. Case No. 392/2023.

The prosecution allegation in brief is that the petitioner is the uncle of the victim girl he had taken her to eat ice cream. After consuming ice cream, she found that she is in Siridi. There they did darshan, thereafter they stayed in a rented house where the petitioner had physical relationship with her on a number of occasions. Then the Police rescued her.

Mr. B.R. Mohanty, learned counsel for the petitioner submits that the petitioner is in custody since 31.07.2023 and the victim has stated in her statement recorded under Section 164 of Cr.P.C. that the petitioner and the victim were residing as husband and wife.

Considering the nature of allegations against the petitioner, I am not inclined to release him on bail at this stage. The prayer for bail of the petitioner is rejected.

The BLAPL is accordingly dismissed.

It is open to the petitioner to move for bail afresh after examination of the victim girl in the trial.

Learned Special Judge (POCSO)-cum-Additional Sessions Judge, Bhubaneswar is requested to make an endeavour to issue summons to the victim girl in the first batch of witnesses to be examined.

Urgent certified copy of this order be granted on proper application.

Copy of this order be sent by the Registry to the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Bhubaneswar.

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