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Judgment
19 paragraphs · 312 wordsÂ
S.K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.Â
This is an application under section 439 of Cr.P.C. in connection with Ghagarbeda P.S. Case No.44 of 2020 corresponding to C.T. Case No. 676 of
2020 pending in the file of learned S.D.J.M., Karanjia for alleged commission of offences under sections 109/420/384/376/34 of the Indian Penal Code
and section 6 of the POCSO Act.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge, Karanjia vide order dated 07.01.2021.
Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 04.12.2020 and charge sheet
has been submitted under sections 109/420/384/376/34 of the Indian Penal Code and section 6 of the POCSO Act and after going through the 164
Cr.P.C. statement of the victim placed by the learned counsel for the State and the fact that the victim moved with the petitioner from place to place
for months together, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may
deem just and proper.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.
