Bail granted in POCSO and Sections 376 (2) (n)

Orissa High Court

BLAPL No. 5601 of 2020

Jagamohan Parabhoi @ Gajamohan Parabhoi … Petitioner

-Versus-

1. State of Odisha
2. Lalita Parabhoi … Opp. parties
03. 06.01.2021 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.100 of 2020 (POCSO) arising out of Bhawanipatna Sadar P.S. Case No.432 of 2019 pending in the Court of learned Additional Sessions Judge -cum- Special Judge under POCSO Act, Bhawanipatna for offences punishable under sections 376 (2) (n)/294/506/366 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 Additional Sessions Judge – cum- Special Judge under POCSO Act, Bhawanipatna which was rejected on 14.01.2020.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 30.12.2019 and he has been charge sheeted under sections 376 (2) (n)/294/506/366 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 placed by the learned counsel for the State and on hearing the learned counsel for the State who submitted that the victim refused for her medical examination, 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 seission over the matter with further terms and conditions as the learned Court may deem just and proper.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order is granted on proper application.

S.K. Sahoo, J.

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