Kailash Naik Vs State of Odisha

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BLAPL No. 817 of 2021

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Kaliash Naik ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party

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03.03.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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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. in connection with C.T. Case No.892/83 of 2019(POCSO) arising out of Bhawanipatna Sadar P.S. Case No.351 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna for offences punishable under sections 366/506/376(2)(n) 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 Court of learned Addl. Sessions Judge -cumSpecial Court under POCSO Act, Bhawanipatna which was rejected on 14.12.2020.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 03.11.2019 and charge sheet has been submitted under sections 366/506/376(2)(n) of the Indian Penal Code and section 6 of the POCSO Act and after going through the 164 Cr.P.C. statement of the victim and her medical examination report placed by the learned counsel for the State in which it is mentioned

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that there was no sign or symptom of sexual intercourse and there is absence of any bodily injury on the person of the victim, 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.50,000.00 (rupees fifty thousand) with two local 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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The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

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Sisir

Kailash Naik v. State of Odisha

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Kailash Naik v. State of Odisha

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