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Judgment
21 paragraphs · 391 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 under section 439 of Cr.P.C. in connection with T.R. Case No.09 of 2021 arising out of Itamati P.S. Case No.122 of 2019
pending in the Court of learned Addl. Sessions Judge â€"cum- Special Judge under POCSO Act, Nayagarh for offences punishables under sections
366/366/376(2)(f)/376(2)(n)/376(3) of the Indian Penal Code read with section 6 of the Protection of Children from Sexual Offences Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge â€"cum- Special Judge under POCSO Act, Nayagarh
which was rejected on 09.02.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 20.11.2020 and he has been
charge sheeted under sections 366/366/ 376(2)(f)/376(2)(n)/ 376(3) of the Indian Penal Code read with section 6 of the Protection of Children from
Sexual Offences Act and further submission that the victim is the sister-in-law (wife’s younger sister) of the petitioner and the ingredients of
offences are not attracted and after hearing the learned counsel for the State, who submitted that the date of birth of the victim is 13.04.2004 and the
occurrence in question took placed on 12.09.2019, therefore, the victim was fifteen years five months at the time of occurrence and after going
through the statement of the victim and the wife of the petitioner namely Reena Pradhan and other materials available on record, at this stage, I am
not inclined to release the petitioner on bail.
Accordingly, the BLAPL stands rejected.
The petitioner is at liberty to renew the prayer for bail after examination of the victim in the trial Court and the learned trial Court shall do well to
expedite the trial and at the first instance, take steps for examination of the victim.
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.