Mukesh @ Tikli Bhoi Vs State Of Odisha

Orissa High Court 17 Jul 2023 Bail Application No. 1992 Of 2023 (2023) 07 OHC CK 0117
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 1992 Of 2023

Hon'ble Bench

G. Satapathy, J

Advocates

B.B.Routray, S.R.Sahoo

Final Decision

Disposed Of

Acts Referred
  • Code of Criminal Procedure, 1973 - Section 439
  • Indian Penal Code, 1860 - Section 376(AB)
  • Protection of Children from Sexual Offences Act, 2012 - Section 6

Judgement Text

Translate:

G. Satapathy, J

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with C.T. Case No. 50 of 2019 arising out of Bhatli P.S. Case No.210 of 2019 pending in the file of learned Addl. Sessions Judge-cum-Special Court, POCSO, Bargarh for commission of offences punishable under Sections 376(AB) of the IPC read with Section 6 of POCSO Act on the allegation of committing rape and aggravated penetrative sexual assault upon the victim stated to be aged about six years at the time of occurrence.

3. Heard Mr. B.B.Routrary, learned counsel for the petitioner and Mrs. S.R.Sahoo, learned ASC in the matter and perused the record.

4. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and on going through the certified copy of deposition of the victim vis-à-vis the allegation leveled against the petitioner, this Court is not inclined to grant bail to the petitioner, especially when the trial in this case is at fag end.

Hence, the bail application of the petitioner stands rejected. In view of the request made for the petitioner, the learned trial Court is requested to conclude the trial as expeditiously as possible preferably within a period of three months from the date of receipt of copy of this order.

5. Accordingly, the BLAPL stand disposed of. A copy of this order be communicated to the learned trial Court forthwith.

6. Issue urgent certified copy of the order as per Rules.

…………………………

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