High CourtsSingle Bench

Subhendu Behera vs State Of Odisha

Orissa High Court · Decided on 16 October 2023 · Citation: (2023) 10 OHC CK 0107

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 376(3), 506 · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Dismissed
CASE NUMBER
Bail Application No. 11195 Of 2023
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Judgment

7 paragraphs · 184 words

Savitri Ratho, J

1.

This application under Section 439 of Cr.P.C. has been filed in connection with Krushnaprasad P.S. Case No.54 of 2022 corresponding to Special G.R. Case No.26 of 2022, which is now pending in the file of learned Addl. District Judge-cum-Special Court under POCSO Act, Puri in T.R. Case No.50 of 2022 under Sections 376 (3), 506/34 of IPC read with Section 6 of the POCSO Act.

2.

The prosecution allegation in brief is that when the victim was sitting in a shop, the petitioner called her and dragged her to a toilet, thereafter took her into the house and raped her there. When the family members of the victim started searching for her, the petitioner left her in the house of the complainant.

3.

Considering the nature of allegation against the petitioner and the age of the victim girl, I am not inclined to allow the prayer for bail.

4.

The BLAPL is accordingly dismissed.

5.

Since the petitioner is in custody since 24.03.2022, the learned trial Court is requested to make an endeavour for expeditious disposal of the case.

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