Kanhu Charan Nayak Vs State of Odisha

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BLAPL No. 6143 of 2020

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KANHU CHARAN NAYAK … PETITIONER

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

18.11.2020 The matter is taken up through Video Conferencing.

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

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Badagada P.S. Case No. 149 of 2020 corresponding to Spl. G.R. Case No. 36 of 2020 pending before the learned Special Court (POSO Act), Berhampur for alleged commission of offences under sections 363, 376(2)(f)/34 of the Indian Penal Code and section 6 of POCSO Act.

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The petitioner moved an application for bail before the Court of Addl. Sessions Judge -cum- Special Court, (POSO Act), Berhampur which was rejected on 20.08.2020.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 23.06.2020, charge sheet has been submitted under sections 363, 376(2)(f)/34 of the Indian Penal Code and section 6 of POCSO Act and after going through the statement of the victim placed by the learned counsel for the State in which she has not stated anything regarding commission of rape on her by the

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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.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Kanhu Charan Nayak v. State of Odisha

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Kanhu Charan Nayak v. State of Odisha

Case brief

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