Advocates:
['M/S AKSHYA KUMAR SAHOO', '', 'S K PRADHAN', 'A K PARIDA']

BLAPL No.1171 of 2016

07. 20.10.2016 Heard learned counsel for the petitioner and t

he learned State Counsel on the application under section 439 Cr.P.C. for release of the petit

ioner on bail who allegedly involved with the offence under Sections 376(2)(1)/354(D)/(2) of t

he Indian Penal Code read with Section 6 POCSO Act.

2. Learned counsel for the petitioner submits that the petitioner has bee

n falsely implicated in this case and the injury report does not disclose any forcible sexual

intercourse. He further submits that in the meantime charge sheet has been submitted for which

lenient view may be taken to release the petitioner on bail on any condition as deemed just a

nd proper. Learned Addl. Standing Counsel opposes the prayer for bail.

3. Considering the submissions of learned counsel for the respective parti

es, regard being had to the facts and circumstances of the case including the statement of the

victim girl about the sexual assault, fact that the victim girl was examined on the next day

of occurrence but in the injury report, there is no sign or symptom of recent forcible sexual

intercou