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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 Special G.R. Case No.149 of 2022 pending on the file of learned Ad hoc Addl. District & Sessions Judge (FTSC), (POCSO), Rourkela, arising out of Hatibari P.S. Case No.87 of 2022 for commission of the offence under Sections 376(2)(n)/506/34 IPC and Section 6 of the POCSO Act..
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Ad hoc Addl. District & Sessions Judge (FTSC), (POCSO), Rourkela, by order dated 16.10.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 14.09.2022 and as charge sheet has been filed on 10.10.2022, he may be released on bail.
Learned counsel for the State opposes the prayer for bail.
Perused the statement of the victim recorded under Section 164 Cr.P.C.
Considering the tenor thereof, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. Petitioner shall not threaten the victim and/or her family members. It shall be open to the victim to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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