Orissa High Court
Pintu @ Pinku Biswal vs State Of Odisha ... Opp.Party on 26 August, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 850 of 2020
PINTU @ PINKU BISWAL ... PETITIONER
-VERSUS-
STATE OF ODISHA ... OPP.PARTY
06. 26.08.2020 The matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
None appears on behalf of the informant.
It is submitted that notice on the informant is
made sufficient.
This is an application under section 439 Cr.P.C. for
grant of bail to the petitioner in connection with Junagarh
P.S. Case No.157 of 2019 corresponding to C.T. Case No.
154/45 of 2019 (POCSO) pending in the Court of learned
Addl. Sessions Judge-cum-Special Judge, Bhawanipatna
for alleged commission of offences under sections 363,
376(2)(n) of the Indian Penal Code and section 6 of
POCSO Act.
The petitioner moved an application for bail before
the Court of learned Addl. Sessions Judge-cum-Special
Judge, Bhawanipatna, which was rejected on
22.01.2020.
Considering the submission made by the learned
counsel for the petitioner that the petitioner is in judicial
custody since 09.07.2019, charge sheet has already
been submitted under sections 363, 376(2)(n) of the
Indian Penal Code and section 6 of POCSO Act and on
going through the 164 Cr.P.C. statement of the victim,
which was placed by the learned counsel for the State in
which she has not stated anything against the petitioner
relating to any sexual assault on her by the petitioner, I
am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing a bail bond of Rs.20,000/-
(rupees twenty 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 may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
.............................
S.K. Sahoo, J.
PKSahoo