High CourtsSingle Bench

Tapu @ Satya Prakash Dalei vs State Of Odisha

Orissa High Court · Decided on 2 July 2021 · Citation: (2021) 07 OHC CK 0015

HON’BLE JUDGES
S. K. Sahoo, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1790 Of 2021

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Judgment

19 paragraphs · 317 words

S. K. Sahoo, J

1.  This matter is taken up by video conferencing mode.

2.

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

3.

This is an application for bail under section 439 of Cr.P.C. in connection with Sahadevkhunta P.S. Case No.43 of 2021 corresponding to C.T. Case

No. 99 of 2021 pending in the file of learned Special Judge, Balasore for alleged commission of offences under sections 363, 376(2)(n) and 366 of the

Indian Penal Code and section 6 of POCSO Act.

4.

The prayer for bail of the petitioner was rejected by the learned Special Judge, Balasore vide order dated 26.02.2021.

5.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 13.02.2021, charge sheet

has been submitted under sections 363, 376(2)(n) and 366 of the Indian Penal Code and section 6 of POCSO Act and after going through the 164 of

Cr.P.C. statement of the victim and her medical examination report and on hearing the learned counsel for the State, I am inclined to release the

petitioner on bail.

6.

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 below

may deem just and proper.

7.

The BLAPL is accordingly disposed of.

8.

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.

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