Birendra Khandapan @ Kandapan Vs State of Odisha

This is the successive journey of the Petitioner, who is apprehending his arrest in Kodinga P.S. Case No.0021 of 2018 corresponding to G.R. Case No.133 of 2018 pending on the file of learned Additional Sessions Judge-cum-Special Judge under POCSO Act, Nabarangpur vide T.R. Case No.146 of 2020, running for the alleged commission of offence under section 366-A of the IPC, in filing this application under section 438, Cr.P.C., for his release on bail in the event of his arrest.

Heard learned counsel for the Petitioner and learned State Counsel and the learned counsel for the Informant.

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Considering the submissions made and on going through the earlier orders dated 28.11.2018 and 11.07.2019 passed by this Court in ABLAPL No.10020 of 2018 and ABLAPL No.9515 of 2019 respectively as well as the materials on record as placed, finding no such change in the circumstances; I am not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner.

It is needless to observe that when the occasion would so arise for the court below to consider the prayer for grant of regular bail to the Petitioner; the same would be made on its own merit; further taking into account all such developments which have taken place in the meantime, if any, in their proper perspective.

The ABLAPL is disposed of accordingly.
Issue urgent certified copy as per rules.

(D.Dash) Judge

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Basu

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Birendra Khandapan @ Kandapan v. State of Odisha