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2021 Supreme(Ori) 1

S.K.SAHOO
Dolagobinda Das – Appellant
Versus
State of Odisha – Respondent


JUDGMENT :

S.K. SAHOO, J.

1. This matter is taken up through Video Conferencing/Physical Mode.

2. Heard learned counsel for the petitioner and the learned counsel for the State.

3. This is an application under Section 439 Cr.P.C. in connection with Special Case No. 310 of 2020 arising out of Singla P.S. Case No. 184 of 2020 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Balasore for alleged commission of offences punishable under sections 376(2)(n)/376(2)(i)/313/323/506 of the Indian Penal Code read with section 6 of the POCSO Act.

4. The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge-cum-Special Judge, Balasore which was rejected on 11.12.2020.

5. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 20.11.2020 and he has been charge sheeted under sections 376(2)(n)/376(2)(i)/ 313/323/506 of the Indian Penal Code read with section 6 of the POCSO Act. It is further submitted that the case arises out of a complaint petition which was filed before the learned Special Judge (POCSO), Balasore on 24.08.2020 and accordingly I.C.C. Case No. 24 of 2020 was registered and it was sent to the I

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