Orissa High Court
Bhaskar Dandasena vs State Of Odisha .... Opp. Party on 20 July, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3603 of 2021
Bhaskar Dandasena .... Petitioner
Mr.S.N. Mishra (4), Advocate
-versus-
State of Odisha .... Opp. Party
Mr.P.C. Das,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 20.07.2021
03. 1. This matter is taken up through 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 Junagarh P.S. Case No. 53 of 2021 corresponding to C.T. Case No. 52/22 of 2021 pending in the file of learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna for alleged commission of offences under sections 363, 366, 376(2)(n), 376(3) of the Indian Penal Code and section 6 of POCSO Act.
4. The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna vide order dated 16.04.2021.
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5. In view of the age of the victim, who was eleven years and eleven months at the time of occurrence and after going through the 164 Cr.P.C. statement of the victim and taking into account the nature and gravity of accusation, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and at the first instance take steps for examination of the victim and for ensuring the attendance of the victim, the learned trial Court shall take the assistance of the Inspector in-charge of Junagarh Police Station.
The petitioner is at liberty to renew his prayer for bail after examination of the victim in the trial Court.
6. The BLAPL is accordingly disposed of.
7. The order be communicated to the learned trial Court for compliance.
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.
( S.K. Sahoo) Judge PKSahoo Page 2 of 2