SURENDRA JANI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Daspalla P.S. Case No. 114 of 2023 corresponding to Special G.R. Case No. 39 of 2023 and S.T. Case No. 95 of 2023 pending in the court of the learned Additional Sessions Judge, Nayagarh under POCSO Act where the petitioner is facing trial for commission of offences punishable under Ss. 376(2)(n), 376(3) of the IPC and Sec. 4(2) and 6 of the POCSO Act.

(2.) The prayer for bail of the petitioner has been rejected vide order dtd. 30/11/2023 by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh in T.R. Case No. 95 of 2023.

(3.) The prosecution allegation in brief against the petitioner is that the victim aged about 14 years and her sister were working in a Hotel along with the petitioner. The petitioner kept physical relationship with her and as a result of which she conceived and gave birth to a child.