AJIT BALUA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the successive application under sec. 439 of Cr.P.C. for grant of bail to the petitioner in connection with Burla P.S. Case No.4 of 2019 corresponding to Special G.R. Case No.2 of 2019 pending in the Court of learned Adhoc A.D.J. FTSC under POCSO, Sambalpur for commission of offence punishable under Sec. 376(2)(n)/376(3) of the IPC read with Sec. 6 of the POCSO Act.

(2.) Perusal of the rejection order reveals that the informant had been noticed by the learned trial court, but had failed to appear in the Court when the bail application was taken up on 17/1/2021.

(3.) Mr. B.R. Tripathy, learned counsel for the petitioner submits that notice may be issued to the informant as charge sheet has been filed in this case under Sec. 376(2)(n)/376(3) of the IPC read with Sec. 6 of the POCSO Act. Learned counsel for the petitioner further submits that the petitioner is in custody since 3/1/2019, but the trial is still in progress.