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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in C.T. Case No.28 of 2023 (POCSO) pending on the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, arising out of Junagarh P.S. Case No.144 of 2023 for commission of the alleged offence under Section 354-D IPC and Section 12 of the POCSO Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge under POCSO Act, Bhawanipatna by order dated 18.04.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 5.4.2023 and since the investigation has progressed substantially, he may be released on bail.
Learned counsel for the State opposes the prayer during currency of investigation.
Taking into account the minimum punishment prescribed is one year, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
Before releasing the Petitioner on bail, learned Court in seisin shall verify criminal antecedent of similar nature. If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall stand recalled.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every 15 days on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
The BLAPL thus stands disposed of.
Urgent certified copy of this order be granted as per rules.
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