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Judgment
S.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.28 of 2023 arising out of Soso P.S. Case No.11 of 2023 pending in the Court of learned J.M.F.C., Hatadihi for offence punishable under section 376-D of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge, Anandapur vide order dated 04.03.2023.
It is a case of gang rape.
In view of the statements of the victim and her uncle and the nature and gravity of the accusation, at this stage, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody, I direct the learned trial Court to expedite the trial and steps shall be taken for examination of the victim and her uncle at the first instance. The petitioner is at liberty to renew his prayer for bail after examination of the victim and her uncle in the trial Court.
The BLAPL is accordingly disposed of.
A copy of the order be communicated to the learned trial Court for compliance.
Urgent certified copy of this order be granted on proper application.
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