LAWS(ORI)-2023-7-2

BISWANATH BUDDHIA Vs. STATE OF ODISHA

Decided On July 14, 2023
Biswanath Buddhia Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Special G.R. Case No. 61 of 2022 arising out of Deogaon P.S. Case No.149 of 2022 pending in the file of learned Addl. Sessions Judge-cum-Special Judge under POCSO Act, Bolangir for commission of offences punishable under Ss. 376(2)(f),376-A, 376-B of the IPC read with Sec. 6 of POCSO Act and Sec. 3(2)(v) of SC and ST (POA) Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon girl students of the school.

(3.) In the course of hearing of the bail application, Mr. P.R.Patnaik, learned counsel for the petitioner by drawing attention of the Court to copy of the deposition of the IO submits that prior to lodging of FIR, the S.P. had given order to investigate into the matter and therefore, the FIR and charge sheet are false and fabricated and the petitioner being a Government servant and having detained in custody may kindly be granted bail and if not on regular bail, he may kindly be granted interim bail for a period of three months.