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Pratap Naik vs State Of Odisha And Another

Orissa High Court · Decided on 27 April 2023 · Citation: (2023) 04 OHC CK 0259

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 109, 294, 323, 341, 376(2)(n), 506 · Information Technology Act, 2000 — Section 67, 67(A) · Protection of Children from Sexual Offences Act, 2012 — Section 6
CASE NUMBER
Bail Application No. 1338 Of 2023
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Judgment

9 paragraphs · 276 words

Savitri Ratho, J

1.

This is the 3rd journey of the petitioner under Section 439 of Cr.P.C. to this Court praying for bail in connection with Bantala P.S. Case No.80 of 2019 corresponding to Special (P) Case No.27 of 2019 where trial has started in the Court of the learned Ad-hoc Additional Sessions Judge (FTSC), Angul under Sections 341/323/376 (2) (n)/506/294/109/34 of IPC read with Sections 67, 67 (A) of the IT Act read with Section 6 of the POCSO Act.

2.

Mr.Routrary, learned counsel for the petitioner submits that the petitioner is in custody since 2019 and in the meanwhile, the victim who is a major has been examined as P.W.1 and she has not supported the prosecution case. He has annexed a copy of the deposition as Annexure-3 to this bail application. He draws my attention the cross-examination of the victim at page-18 of this application.

3.

Considering the above submissions, the petitioner is directed to array the victim as opposite party No.2 in this case. He is permitted to make necessary correction in the bail application in Court today.

4.

Issue notice to the opposite party No.2 through registered post with A.D., requisites for which shall be filed by 02.05.2023. Notice shall be made returnable within two weeks.

5.

List this matter on 18.05.2023.

6.

Mr.D.Nayak, learned Additional Government Advocate is also directed to obtain instruction if the opposite party No.2 has filed application for victim compensation and the status of such application.

7.

Registry is also directed to obtain instruction from the District Legal Services Authority, Angul regarding status of the application for payment of victim compensation pertaining to the victim.

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