SUNARAM TUDU Vs. STATE OF ODISHA

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.

(2.) This is an application under Sec. 439 of Cr.P.C. in connection with Harichandanpur P.S. Case No.171 of 2022 corresponding to Special Case No.389 of 2022 pending in the Court of learned Additional Sessions Judge 'cum- Special Judge (POCSO), Keonjhar for offences punishable under Sec. 457/354/354-A/354-D/323 of Indian Penal Code read with Sec. 8 of POCSO Act.

(3.) Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 19/8/2022. Earlier when he approached this Court for bail in BLAPL No.11829 of 2022, as per order dtd. 20/12/2022, taking into account the 164 of Cr.P.C. statement of the victim, the bail application was rejected, however liberty was granted to the petitioner to renew the prayer for bail after examination of the victim in the trial Court. Learned counsel further submitted that in the meantime, one of the victims has been examined as P.W.3 and though she has supported the prosecution case but she has been declared hostile by the prosecution. Learned counsel further submitted that the punishment prescribed for the offence under Sec. 354-D of Indian Penal Code is three years and so far as the offence under Sec. 8 of the POCSO Act, the minimum sentence is for three years, which may extend to five years and since there is no chance of tampering with the evidence, the bail application of the petitioner may be favourably considered. Learned counsel for the State placed the evidence of the victim, P.W.3.