Rabin Lugun @ Rabin @ Nabin Lugun vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with Deogarh P.S. Case No.130 of 2021 corresponding to Special G.R. Case No.08 of 2021 pending in the Court of learned Additional Sessions Judge –cum- Special Judge, Deogarh for offences punishable under sections 376(2)(n)/ 376(3)/ 506 of Indian Penal Code read with section 6 of POCSO Act.

Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 17.05.2021. He further submitted that out of twenty seven charge sheet witnesses, four witnesses have been examined so far including the victim and at this stage, there is no chance of tampering with the evidence, and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State, on the other hand, placed the evidence of the victim, who has been examined as P.W.5 and she stated her age to be thirteen years at the time of occurrence and she was reading in Class-VII.

It appears that on account of commission of rape on her, she became pregnant and she has also delivered a child as per the instruction received by the learned counsel for the State from the Inspector-in-charge of Deogarh Police Station.

Considering the submissions made by the learned counsel for the respective parties, the age of the victim and the nature and gravity of the accusation, while not inclining to release the petitioner on bail on merit but taking into account the period of his detention in judicial custody, learned trial Court is directed to expedite the trial in Special G.R. Case No.08 of 2021 and conclude the same within a period of six months from the date of receipt of this order.

The petitioner is at liberty to renew the prayer for bail, if the trial of the case is not concluded within the said period.

The BLAPL is disposed of accordingly.

Copy of this order be communicated to the learned trial Court forthwith.

Issue urgent certified copy as per Rules..

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