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Orissa High Court

Furkan Alli Molla vs State Of Odisha .... Opposite Party on 18 August, 2023

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 7591 of 2023

                 Furkan Alli Molla                ....                   Petitioner
                                                  Mr. C.R. Satapathy, Advocate

                                            -versus-

             State of Odisha                      ....              Opposite Party
                                                      Mr. P.K. Maharaj, ASC
                                           Mr. S.K. Mohanty, Adv (Informant)

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

18.08.2023 Order No.

02. 1. Learned counsel Mr. S.K. Mohanty and associates filed Vakalatnama on behalf of the informant. The same is taken on record. Name of Mr. Mohanty and associates be reflected in the file, in the cause list as well as in the web portal of this Court.

2. Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

3. The petitioner is an accused in connection with Special G.R. Case No.86 of 2023, pending in the file of learned A.D.J.-cum-Special Court under POCSO Act, Cuttack, arising out of Madhupatana P.S. Case No.177 of 2023 for alleged commission of offences under Sections 376(AB) of IPC read with Section 6 of POCSO Act.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court under POCSO Act, Cuttack by order dated 03.07.2023 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted that the petitioner is in custody since 17.05.2023 and as charge sheet has been filed on 12.07.2023, further continuance of the petitioner in custody is not warranted.

6. Learned counsel for the State as well as informant opposes the prayer for bail.

7. Perused the 164 Cr.P.C. statement of the victim aged about 6 years and her parents cited as C.W.2-Father and C.W.3-Mother.

8. Considering the same, this Court is not inclined to entertain this bail application at this stage.

9. Leave is granted to the petitioner to renew his prayer after examination of the victim and any one of her parents.

10. Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 21-Aug-2023 11:52:25 Page 2 of 2