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Suresh Das vs State of Orissa

Orissa High Court · Decided on 27 September 2023 · Citation: (2023) 09 OHC CK 0193

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 376(2)(n) · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8909 Of 2023
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Judgment

11 paragraphs · 220 words

V. Narasingh, J

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in connection with Spl. G.R. Case No.107 of 2023(N), pending before the Court of the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Cuttack, arising out of Cuttack Sadar P.S. Case No.356 of 2023, for commission of the alleged offence under Section 363/376(2)(n) of IPC and Section 6 of POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Spl. Court under POCSO Act, Cuttack by order dated 18.07.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioner is in custody since 24.06.2023 and as charge sheet has been filed on 25.08.2023, further continuance of the petitioner in custody is not warranted.

5.

Learned counsel for the State opposes the prayer for bail.

6.

Perused the 164 Cr.P.C. statement of the victim.

7.

Considering the tenor thereof and taking into account the filing of charge sheet and period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Accordingly, the BLAPL stands disposed of.

9.

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

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