Purna Chandra Das Vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in C.T. Case No.164 of 2022 pending in the Court of learned Presiding Officer, Special Court, under POCSO Act, Mayurbhanj, Baripada, arising out of Baripada Town P.S. Case No.1056 of 2022 for commission of the offence under Sections 376(2)(n)/109 of IPC read with Section 6 & 17 of POCSO Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanj, Baripada, by order dated 05.01.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 15.12.2022 and as final form has been submitted on 09.02.2023 and since there is no progress in trial, his further continuance in custody is unwarranted in fact punitive.

Learned counsel for the State as well as informant oppose the prayer for bail.

It is no doubt true that right to speedy trial is the facet of Article 21 of the Constitution but the same cannot have any mechanical appreciation bereft of the factual matrix of each case.

This Court perused the 164 Cr.P.C. statement of the victim.

From the tenor thereof and the manner in which her dignity has been compromised, this Court is not inclined to entertain the bail application notwithstanding the trial is lingering.

Learned Court in seisin is requested to expedite the trial since the Petitioner is stated to be in custody from 15.12.2022.

Liberty is granted to the Petitioner to renew the prayer before the learned Court in seisin at a later stage.

Accordingly, the BLAPL stands disposed of.

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