KANHEI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Under Sec. 439 of Cr.P.C. the BLAPL has been filed by the petitioner in jail custody in connection with Kanhia P.S. Case No. 44 of 2023 corresponding to Special (POCSO) Case No. No.25 of 2023 pending in the court of the learned Additional District and Sessions Judge-cum Special Court under (POCSO) Act, Angul for alleged commission of offence under Ss. 363/34/366/376(4)(2)(n)/506/109/120(B) of IPC read with Sec. 6/7 of POCSO Act 2012 and Sec. 9/10 of Child Marriage Provision Act. Since the earlier BLAPL No.9977 of 2023 filed by the petitioner was dismissed by this Bench by order dtd. 19/12/2023, the present petition has been placed before this Bench for consideration of renewed prayer for bail in terms of Standing Order No.2 of 2023 dtd. 21/5/2023.

(2.) Learned counsel for the petitioner shall serve one extra copy on the learned Addl. Govt. Advocate to enable him to forward the same to the informant/victim through the concerned I.I.C./I.O. intimating that they have right of audience in the present proceeding. An extra copy of the petition shall be filed in the Registry which shall be forwarded to the learned court in seisin of the matter to enable the office of the Court to forward the copy to the informant/victim informing them regarding the next date of listing as well as their right of audience in the present proceeding.

(3.) The learned Secretary, District Legal Services Authority shall take steps for providing legal aid to the informant/victim if they are unable to engage any counsel on their own in the present proceeding to place their version. Learned counsel if engaged by the legal aid shall have the liberty to appear through nearby virtual court room of Orissa High Court.