Orissa High Court
BLAPL/8839/2017 on 9 May, 2018
Author: S. K. Sahoo
Bench: S. K. Sahoo
BLAPL No.8839 of 2017
05. 09.05.2018 Heard the learned counsel for the petitioner and
learned counsel for the State.
This is an application under Section 439 Cr.P.C.
in connection with G.R. Case No.121 of 2017 arising out of
Badambadi P.S. Case No.285 of 2017 pending in the Court
of learned 3rd Addl. Sessions Judge, Cuttack for offences
punishable under sections 376(2)(n)/323/294 of the Indian
Penal Code read with section 6 of the POCSO Act and
section 67 of the Information Technology Act.
The petitioner moved an application for bail
before the learned 3rd Additional Sessions Judge -cum-
Presiding Officer, Children's Court, Cuttack which was
rejected on 20.11.2017.
Learned counsel for the State earlier sought for
time to take instruction relating to the result of the
examination of the mobile phone containing some video
which was sent to CFSL, Kolkata. Learned counsel for the
State today produced letter written by the IIC, Badambadi
police station dated 6.4.2018 which indicates that the report
from the CFSL, Kolkata has not been received. Charge sheet
has already been submitted on 02.02.2018 under sections
376(2)(n)/323/294/506 of the Indian Penal Code read with
section 6 of POCSO Act and section 67 of the Information
Technology Act. The petitioner is in judicial custody since
29.10.2017. After perusing the 164 Cr.P.C. statement of the
victim and other materials available on record, I am inclined
to release the petitioner on bail.
Let the petitioner be released on bail in the
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aforesaid case on furnishing bail bond of Rs.20,000/- (rupees
twenty thousand) with two sureties each for the like amount
to the satisfaction for the Court in seisin over the matter with
further terms and conditions as the learned Court may deem
just and proper.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted
on proper application.
.......................
S. K. Sahoo, J.
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