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Judgment
13 paragraphs · 289 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with G.R. Case No.112 of 2023, pending before the Court of the learned Addl. District Judge-cum-Special Court under POCSO Act, Berhampur, arising out of Bada Bazar P.S. Case No.203 of 2023, for commission of the alleged offence under Section 363/366/376(2)(n) of IPC and Section-6 of the POCSO Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Spl. Court under POCSO Act, Berhampur by order dated 01.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 20.06.2023 and as charge sheet has already been filed on 16.08.2023, further continuance of the Petitioner in custody is not warranted.
Learned counsel for the State opposes the prayer for bail.
Perused the 164 Cr.P.C. statement of the victim.
Considering the tenor thereof and taking into account the filing of charge sheet and period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent of any nature.
If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand rejected.
It is directed that the Petitioner shall not threaten the victim/informant and her family members and it shall be open to the victim to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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