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Subash Mandangi vs State Of Odisha And Another

Orissa High Court · Decided on 13 March 2024 · Citation: (2024) 03 OHC CK 0089

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 376(2)(n), 376(3), 506 · Protection of Children from Sexual Offences Act, 2012 — Section 4(2), 6
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 580 Of 2024
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Judgment

11 paragraphs · 403 words

Savitri Ratho, J

1.

This is the second application of the petitioner under Section 439 of Cr. P.C. in connection with Chandili P.S. Case No.157 of 2023 corresponding to T.R. Case No. 17 of 2023 pending in the Court of the learned ADJ-cum-Special Court under POCSO Act, Rayagada where chargesheet dated 03.08.2023 has been submitted against the petitioner for commission of offences punishable under Sections 376(2)(n), 376(3) and 506 of the IPC read with Sections 4(2) and 6 of the POCSO Act keeping investigation open.

After receipt of the DNA report, final charge sheet dated 10.10.2023 has been submitted against the petitioner for commission of the same offences.

2.

BLAPL No. 13091 of 2023 filed by the petitioner had been dismissed by this court granting liberty to approach the learned court below for bail afresh in case there is delay in completion of the trial.

3.

Mr. Saroj Kumar Padhy, learned counsel for the petitioner submits that the petitioner is in custody since 03.07.2023 and false allegations have been made against him which would be evident from the DNA report.

4.

As one of the offences for which charge sheet has been submitted against the petitioner is under Section 376(3) of IPC, issue notice to the informant by Registered Post with A.D. Requisites for issuance of notice shall be filed within three working days. The notice shall be made returnable within three weeks.

5.

Mr. S.S. Mohapatra, learned Additional Standing Counsel for the State shall send a copy of the bail application to the IIC, Chandili Police Station for service on the informant. The IIC, Chandili Police Station shall inform the informant about the next date of posting of the case and that she can appear in Court in person through counsel on the said date or in person from the Police Station through Video Conferencing mode or from the Virtual High Court, Rayagada.

6.

List this case on 15.04.2024. It shall be indicated in the cause list that the matter will be taken up at 2.00 p.m.

7.

Mr. S.S. Mohapatra, learned Additional Standing Counsel is also directed to instruct the I.O. to inform the informant and her family about the facilities provided by the State Administration as well as the Union Government for her and her child so that she can avail of the same.

8.

Copy of this order be supplied to Mr. S.S. Mohapatra, learned Additional Standing Counsel.

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