High CourtsSingle Bench

Sushanta Bagh vs State Of Odisha

Orissa High Court · Decided on 28 June 2023 · Citation: (2023) 06 OHC CK 0148

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 366, 376(2)(n), 506 · Protection of Children from Sexual Offences Act, 2012 — Section 6
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5705 Of 2023
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Judgment

11 paragraphs · 210 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 T.R. Case No.26 of 2022, pending on the file of the learned Additional Sessions Judge-cum-Special Court (under POCSO Act), Jeypore arising out of Kakiriguma P.S. Case No.123 of 2021, for alleged commission of offences under Sections 363/366/376(2)(n)/506 of IPC read with Section 6 of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned P.O., Special Court under POCSO Act, Jeypore, by order dated 06.05.2023 in the aforementioned case, the present BLAPL has been filed

4.

It is submitted by the learned counsel that the petitioner is in custody since 09.02.2022 and as charge sheet has been filed on 03.04.2022, further continuance of the petitioner in custody is unwarranted.

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, 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 rule.

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