Nagen @ Nagendra Soren vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through 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 Jashipur P.S. Case No. 151 of 2020 corresponding to C.T. Case No.

129 of 2020 pending in the file of learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada for alleged commission of

offences under sections 376(2) (n), 376(3) of the Indian Penal Code and section 6 of POCSO Act.

The prayer for bail of the petitioner was rejected by the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada vide

order dated 22.12.2020.

In pursuance of the order dated 21.06.2021, the victim appeared through virtual mode as necessary arrangement was made by the Inspector in-

charge of Jashipur Police Station.

Heard the victim.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 03.11.2020 and he has been charge sheeted under

sections 376(2) (n), 376(3) of the Indian Penal Code and section 6 of POCSO Act. Learned counsel further submitted that though the victim is a

minor, but she has not stated about commission of any sexual assault on her by the petitioner, rather she stated that she stayed with the petitioner at

different places for about six days and the petitioner being a young boy aged about twenty years, his bail application may be favourably considered.

Learned counsel for the State, on the other hand, produced the case diary and submitted that the date of birth of the victim is 12.03.2005 and the

date of occurrence is 21.10.2020 and therefore, she was sixteen years of age at the time of occurrence. He further submitted that the victim in her

161 Cr.P.C. statement has specifically stated about commission of rape on her by the petitioner. He however, fairly submitted that though the victim in

her 164 Cr.P.C. statement has stated about the rest of the things, but there is nothing about commission of sexual assault on her.

The victim also opposed the prayer for bail and stated that she is a student of Class-X and bail should not be granted to the petitioner.

Considering the submissions of the learned counsel for the respective parties, the age of the victim and the nature and gravity of accusation, 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 Jhasipur Police

Station.

The petitioner is at liberty to renew his prayer for bail after examination of the victim in the trial Court.

Copy of the order be communicated to the learned trial Court for compliance.

The BLAPL is accordingly disposed of.

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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