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Prasanta @ Prashant Majhi @ Gaun vs State of Orissa

Orissa High Court · Decided on 27 September 2023 · Citation: (2023) 09 OHC CK 0206

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 366, 376(2)(n) · Protection of Children from Sexual Offences Act, 2012 — Section 6(1)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 10501 Of 2023
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Judgment

14 paragraphs · 321 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with Spl. POCSO Case No.51 of 2023 pending in the Court of learned Additional District & Sessions Judge-cum-Special Court under POCSO Act, Angul, arising out of Bagdia P.S. Case No.82 of 2023 for commission of offence alleged under Sections 363/366/376(2)(n) of IPC read with Section 6(1) of the POCSO Act.

3.

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 07.09.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 24.06.2023 and as charge sheet has already been filed on 21.08.2023, further continuance of the Petitioner in custody is not warranted.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Perused the 164 Cr.P.C. statement of the victim.

7.

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.

8.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

9.

Further, it is directed that the Petitioner shall not in any way try to intimidate the informant and/or his family members.

10.

It shall be open to the informant and/or his family members to seek variance of this order, in the event there is any threat perception.

11.

Accordingly, the BLAPL stands disposed of.

12.

Urgent certified copy of this order be granted as per rules.

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