Chitaranjan Jena Vs State Of Odisha

Orissa High Court 19 Dec 2023 Bail Application No. 2075 Of 2023 (2023) 12 OHC CK 0117
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 2075 Of 2023

Hon'ble Bench

Sashikanta Mishra, J

Advocates

S.K. Pradhan

Final Decision

Disposed Of

Acts Referred
  • Indian Penal Code, 1860 - Section34, 294, 342, 363, 366, 376(2)(n), 506
  • Protection of Children from Sexual Offences Act, 2012 - Section 2(2), 6

Judgement Text

Translate:

Sashikanta Mishra, J

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3. The petitioner is in custody since 10.10.2021 in connection with Kundeigola P.S. Case No.147 of 2021 corresponding to Special G.R. Case No.20

of 2021 pending in the Court of learned Addl. Sessions Judge- cum- Special Judge, Deogarh for the alleged commission of offence under Sections

363/294/506/366/376(2)(n)/376(3)/342/34 of IPC read with Section2(2)/6 of POCSO Act.

4. His earlier application for bail was rejected granting him liberty to renew his prayer after examination of the victim. The victim has in the meantime

been examined and copy of her deposition has been forwarded to this Court by the Court below. Perusal of the statement of the victim reveals that

she has not supported the prosecution case.

5. Under such circumstances, the prosecution case as laid against the petitioner is rendered prima facie doubtful. In such view of the matter, let the

petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the

condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

6. BLAPL is accordingly disposed of.

7. Issue urgent certified copy as per rules.

……………………………

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