CHANDRAKANTA BASKEY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State. None appears for the informant.

(2.) This is an application under Sec. 439 of Cr.P.C. in connection with Raibania P.S. Case No.59 of 2017 corresponding to Special Case No.363 of 2017 pending in the Court of learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Balasore for the offences punishable under Sec. 376(2)(i)(f)(l) of the Indian Penal Code read with Sec. 4 of the Protection of Children from Sexual Offences Act.

(3.) The petitioner moved an application for bail before the Court of learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Balasore, which was rejected on 20/12/2022. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 15/9/2017 and he has been charge sheeted under Sec. 376(2)(i)(f)(l) of the Indian Penal Code read with Sec. 4 of the Protection of Children from Sexual Offences Act and when the petitioner approached this Court last time for bail in BLAPL No.520 of 2019 while rejecting the bail application vide order dtd. 18/2/2019, the petitioner was directed to renew his prayer for bail after examination of the victim as well as other vital witnesses in the learned trial Court and the learned trial Court was directed to take steps for examination of the victim and other vital witnesses at the first instance. Learned counsel further submitted that till date, the victim could not be examined as her whereabouts is not known and this Court on 13/4/2023, directed the Inspector in-charge of Raibania police station to appear before the learned trial Court and receive summons in respect of the victim and ensure her attendance but the same has not been complied with.