High CourtsSingle Bench

Sk.Kalimuddin vs State Of Odisha

Orissa High Court · Decided on 15 December 2023 · Citation: (2023) 12 OHC CK 0079

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 120B, 343, 363, 376(2)(n) · Information Technology Act, 2000 — Section 66 (E), 67
RESULT
Dismissed
CASE NUMBER
Bail Application No. 11071 Of 2023
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Judgment

8 paragraphs · 177 words

Savitri Ratho, J

1.

None appears for the petitioner when the matter is called.

2.

This is an application under Section 439 of Cr.P.C. in connection with Dharmasala P.S. Case No.474 of 2019 corresponding to C.T. Case No.1534 of 2019, pending in the file of the learned J.M.F.C., Chandikhole under Sections 363, 120-B, 376 (2) (n), 343 of IPC read with Section 66 (E)/67 of the I.T. Act, 2000.

3.

The prayer for bail of the petitioner had been rejected by order dated 15.09.2023 passed by the learned Asst. Sessions Judge, Chandikhole.

4.

A memo has been filed for withdrawal of the bail application stating that the petitioner does not want to proceed with the bail application and he may be permitted to move the learned Court below after examination of the victim.

5.

In view of the said memo, the BLAPL is dismissed granting liberty to the petitioner to move the learned Court below for bail afresh after examination of the victim girl.

6.

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

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