Rama Swain v. State of Odisha

BLAPL No. 661 of 2019

1. 12.03.2019 Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 439 Cr.P.C. in connection with Badambadi P.S. Case No.104 of 2018 corresponding to Spl. G.R. Case No. 31 of 2018 pending in the file of learned 3^rd Addl. Sessions Judge, Cuttack for alleged commission of offences under sections 363, 376(2)(n)/34 of the Indian Penal Code and sections 4 and 6 of POCSO Act.

The petitioners moved an application for bail before the Court of learned Presiding Officer, Children’s Court, Cuttack, which was rejected on 09.01.2019.

Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 04.04.2018 and the 164 Cr.P.C. statement of the victim produced by the learned counsel for the State, which reveals that the main allegation is against co-accused Tuna Appot and in the meantime charge-sheet has already been submitted, I am inclined to release the petitioners on bail.

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