Kuna@Gopinath Jena Vs State of Odisha

BLAPL No.6824 of 2018

17.12.2018 Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under Section 439 Cr.P.C. in connection with C.T. Special (POCSO) Case No.99 of 2018 arising out of Jajpur P.S. Case No.211 of 2018 pending in the Court of learned Addl. Sessions Judge, jajpur for offences punishable under sections 376(2)(n)/506 of the Indian Penal Code and section 6 of the POCSO Act.

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The petitioner moved an application for bail before the learned Addl. Sessions Judge –cum- Special Judge, Jajpur which was rejected on 07.09.2018.

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Considering the period of detention of the petitioner in judicial custody, submission of charge sheet and statement of the victim as per the Case Diary produced by the learned counsel for the State and the submission made at the Bar that the victim is now residing in the house of the petitioner and she has already delivered a child and there was love affair between the petitioner and the victim since long, after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two 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.

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Accordingly, the BLAPL is disposed of. Urgent certified copy of this order be granted on proper application.

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S. K. Sahoo, J.

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Kuna@Gopinath Jena v. State of Odisha

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Kuna@Gopinath Jena v. State of Odisha

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