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Judgment
13 paragraphs · 208 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 Cr.P.C. in connection with Spl. Case No.227 of 2020 arising out of Baliapal P.S. Case No.142 of 2020
pending in the Court of learned Special Judge (POCSO), Balasore for offences punishable under section 363/294/506/34/376(3)/376(2)(n) of the
Indian Penal Code read with section 6 of the Protection of Children from Sexual Offences Act.
In view of the age of the victim which is stated to be thirteen years and her 164 Cr.P.C. statement in which she has implicated the petitioner in the
commission of rape on her and taking into account the nature and gravity of the accusation, I am not inclined to release the petitioner on bail.
Accordingly, the BLAPL stands rejected.
However, taking into account the period of detention of the petitioner in judicial custody, the learned trial Court is directed to expedite the trial and at
the first instance, steps shall be taken to examine the victim and the petitioner is at liberty to renew the prayer for bail after examination of the victim
in the trial Court.
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