Orissa High Court
Rahul Pradhan vs State Of Odisha on 12 January, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 4520 of 2020
Rahul Pradhan ....... Petitioner
-Vrs.-
State of Odisha ....... Opp. Party
05. 12.01.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with C.T. Case No.08 of 2020
arising out of G. Udayagiri P.S. Case No.41 of 2020
pending in the Court of learned Sessions Judge -cum-
Special Court under the POCSO Act, Phulbani for offences
punishable under sections 363/344/376(2)(n)/506 of the
Indian Penal Code and section 6 of the POCSO Act.
The petitioner moved an application for bail
before the Court of learned Sessions Judge -cum- Special
Court under the POCSO Act, Phulbani which was rejected
on 26.06.2020.
Considering the submission made by the learned
counsel for the petitioner that the petitioner is in judicial
custody since 30.05.2020 and he has been charge
sheeted under sections 363/344/376(2)(n)/506 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 who is aged about eighteen years and stated to
have stayed with the petitioner at Bhubaneswar from
14.02.2020 to 15.03.2020 and further stated that during
the said period, the petitioner was keeping physical
relationship with her, I am inclined to release the
petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.20,000.00
(rupees twenty thousand) with two solvent sureties each
for the like amount to the satisfaction of the Court in
seisin over the matter with further terms and conditions
as the learned Court may deem just and proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on
proper application.
.............................
S.K. Sahoo, J.
Sisir