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[Cites 6, Cited by 0]

Orissa High Court

Harisankar Bag vs State Of Odisha on 19 March, 2021

Author: S.K. Sahoo

Bench: S.K. Sahoo

                               BLAPL No. 7151 of 2020




                   Harisankar Bag                    .......            Petitioner
                                                    -Vrs.-
                   State of Odisha                   .......            Opp. Party


06.   19.03.2021           This   matter     is    taken     up   through    Hybrid
                   arrangement (video conferencing/physical mode).
                           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.226 of 2020
                   arising out of Junagarh P.S. Case No.230 of 2020
                   pending in the Court of learned J.M.F.C., Junagarh for
                   offences punishable under sections 376(2)(n)/313/506 of
                   the Indian Penal Code and section 12 of the POCSO Act.
                           The petitioner moved an application for bail
                   before the Court of learned Addl. Sessions Judge,
                   Dharamgarh which was rejected on 24.09.2020.
                             Considering     the   submission      made     by   the
                   learned counsel for the petitioner that the petitioner is in
                   judicial custody since 04.08.2020 and he has been
                   charge sheeted under sections 376(2)(n)/313/506 of the
                   Indian Penal Code and section 12 of the POCSO Act and
                   after going through the 164 Cr.P.C. statement of the
                   victim who is aged about twenty years and other
                   materials available on record, 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.50,000.00
         (rupees fifty thousand) with two local 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 be granted on
        proper application.



                                            .............................
                                             S.K. Sahoo, J.

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