Sudam Behera v. State of Odisha

BLAPL No. 954 of 2021

Sudam Behera … Petitioner -VersusState of Odisha … Opp. party

1. 02.03.2021 This matter is taken up through video conferencing.

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

This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.33 of 2020 arising out of Phulbani Town P.S. Case No.135 of 2020 pending in the Court of learned Sessions Judge -cum- Special Judge (POCSO), Phulbani for offences punishable under sections 376(2)(n)/506 of the Indian Penal Code read with section 6 of the POCSO Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cumSpecial Judge, (POCSO), Phulbani which was rejected on 28.01.2021.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 22.10.2020 and he has been charge sheeted under sections 376(2)(n)/506 of the Indian Penal Code read with section 6 of the POCSO Act and after going through the 164 Cr.P.C. statement of the victim as well as medical examination report placed by the learned counsel for the State, I am inclined to release the petitioner on bail.

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 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.