SUBASH MANDANGI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the second application of the petitioner under Sec. 439 of Cr. P.C. in connection with Chandili P.S. Case No.157 of 2023 corresponding to T.R. Case No. 17 of 2023 pending in the Court of the learned ADJ-cum-Special Court under POCSO Act, Rayagada where chargesheet dtd. 3/8/2023 has been submitted against the petitioner for commission of offences punishable under Ss. 376(2)(n), 376(3) and 506 of the IPC read with Ss. 4(2) and 6 of the POCSO Act keeping investigation open.

(2.) BLAPL No. 13091 of 2023 filed by the petitioner had been dismissed by this court granting liberty to approach the learned court below for bail afresh in case there is delay in completion of the trial.

(3.) Mr. Saroj Kumar Padhy, learned counsel for the petitioner submits that the petitioner is in custody since 3/7/2023 and false allegations have been made against him which would be evident from the DNA report.