LAWS(ORI)-2023-4-90

PRATAP NAIK Vs. STATE OF ODISHA

Decided On April 27, 2023
Pratap Naik Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This is the 3rd journey of the petitioner under Sec. 439 of Cr.P.C. to this Court praying for bail in connection with Bantala P.S. Case No.80 of 2019 corresponding to Special (P) Case No.27 of 2019 where trial has started in the Court of the learned Ad-hoc Additional Sessions Judge (FTSC), Angul under Ss. 341/323/376 (2) (n)/506/294/109/34 of IPC read with Ss. 67, 67 (A) of the IT Act read with Sec. 6 of the POCSO Act.

(2.) Mr.Routrary, learned counsel for the petitioner submits that the petitioner is in custody since 2019 and in the meanwhile, the victim who is a major has been examined as P.W.1 and she has not supported the prosecution case. He has annexed a copy of the deposition as Annexure-3 to this bail application. He draws my attention the cross-examination of the victim at page-18 of this application.

(3.) Considering the above submissions, the petitioner is directed to array the victim as opposite party No.2 in this case. He is permitted to make necessary correction in the bail application in Court today.