Orissa High Court
Mahesh Halba vs State Of Odisha ... Opp. Party on 3 November, 2020
BLAPL No.651 of 2020
Mahesh Halba ... Petitioner
-Versus-
State of Odisha ... Opp. party
03. 03.11.2020 The matter is taken up through Video Conferencing.
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 Malkangiri P.S. Case No.253 of 2019
corresponding to T.R. Case No. 34 of 2019 pending in the
Court of learned Additional Sessions Judge -cum- Special
Judge, Malkangiri for alleged commission of offences under
sections 294/323/354/354-B/452/376(1) of the Indian
Penal Code read with sections 4 and 12 of the POCSO Act
and section 75 of the Juvenile Justice (Care and Protection
of Children) Act.
The prayer for bail of the petitioner has been rejected
by the learned Additional Sessions Judge -cum- Special
Judge, Malkangiri by order dated 09.01.2020.
In view of the 164 Cr.P.C. statement of the victim,
who is a minor girl aged about fifteen years that the
petitioner committed rape on her, at this stage, I am not
inclined to release the petitioner on bail.
Accordingly, prayer for bail stands rejected.
The petitioner may renew his prayer for bail after
examination of the victim in the trial Court.
Issue urgent certified copy as per Rules.
.............................
RKM S.K. Sahoo, J.