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Judgment
11 paragraphs · 385 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical 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 Jatani P.S. Case No.233 of 2020 corresponding to T.R. Case No.260 of 2020 pending in the Court of learned Adhoc Addl. Sessions Judge, Fast Track Special Court (POCSO), Bhubaneswar for offences punishable under sections 363/366/ 376(2)(n)/376(3) of the Indian Penal Code and section 6 of the POCSO Act.
The prayer for bail of the petitioner was rejected by the learned Adhoc Addl. Sessions Judge, Fast Track Special Court (POCSO), Bhubaneswar vide order dated 09.12.2021.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 05.07.2020 and his earlier bail application in BLAPL No. 828 of 2021 was rejected as per order dated 29.04.2021 relying on the 164 Cr.P.C. statement of the victim, who was aged about thirteen years, eight months and thirteen days as on the date of occurrence, however liberty was granted to the petitioner to renew his prayer for bail after examination of the victim in the learned trial Court. Learned counsel further submitted that the victim has been examined in the meantime as P.W.5 and she has supported the prosecution case. He submitted that the medical examination report of the victim does not corroborate the commission of rape on her and therefore, the bail application may be favourably reconsidered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, since the victim has supported the prosecution case and taking into account the nature and gravity of accusation and the age of the victim, while not inclining to release the petitioner on bail, but taking into account the period of detention of the petitioner in judicial custody, I direct learned trial Court to expedite the trial and conclude the same within a period of six months from the date of receipt of a copy of the order. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the said period.
The BLAPL is accordingly disposed of.
A copy of the order be communicated to the learned trial Court for compliance..
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