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Judgment
14 paragraphs · 285 wordsV. Narasingh, J
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Special G.R. Case No.16 of 2023, pending in the learned A.D.J.-cum-Special Judge (under POCSO Act), Cuttack, arising out of Athagarh P.S. Case No.30 of 2023, for alleged commission of offences under Sections 323/363/365/366/376(2)(n)/376(3) of IPC read with Section 4(2)/6 of POCSO Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Judge (under POCSO Act), Cuttack, by order dated 09.05.2023 in the aforementioned case, the present BLAPL has been filed.
Notice is stated to have been served on the informant/victim on 08.08.2023 indicating that the matter shall be taken up today (23.08.2023). There is no appearance on behalf of the informant/victim when the matter is called.
It is submitted by the learned counsel that the petitioner is in custody since 02.02.2023 and since charge-sheet has been filed on 31.03.2023, further continuance of the petitioner in custody is unwarranted.
Learned counsel for the State opposes the prayer for bail.
Perused the 164 Cr.P.C. statement of the victim.
Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the petitioner shall not in any way try to intimidate the victim and her family.
It shall be open to the victim and her family to seek variance of this order, in case there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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