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Judgment
11 paragraphs · 242 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Special POCSO No. 36 of 2023, pending before the Court of the learned Additional District and Sessions Judge-cum-Special Court under POCSO Act, Angul arising out of Barrage P.S. Case No. 129 of 2023 for alleged commission of offences under Sections 363/366/376(3)/376-(DA) and 109 of the IPC, r/w section 6/4(2) and 17 of POCSO Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court, under POCSO Act, Angul, by order dated 15.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 05.05.2023 and as investigation has progressed substantially, the Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail during currency of investigation.
This Court perused the 164 Cr.P.C. statement of the victim in which the allegation is against the co-accused.
Considering the tenor of 164 Cr.P.C. statement and keeping in view the age of the Petitioner (72 years), this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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