Pintu Mahalik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11290 of 2021 Pintu Mahalik ....

Petitioner Mr. H.B.Sutar, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.7.2022.

Order No.

03.

1. This matter is taken up through virtual mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 7th November, 2021 in connection with Chandabali P.S.

Case No.274/2019 corresponding to Special Case No.96/2019 pending in the court of learned Special Court-cum-Addl. Sessions Judge, Bhadrak for the alleged commission of the offence under Sections 341/323/379/506/376-D/354-D of I.P.C. and Section 6 of POCSO Act read with Sections 3(1) (r) /3(1)(w)(i)(ii)/3(2) (v)/3(2)(v)(a) of the S.C. and S.T. Act.

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4. It is alleged that the Petitioner and two other persons forcibly took the victim into a jungle and committed rape on her one after the other. Since trial has already begun, the victim has been examined. She has clearly deposed about the occurrence mentioning the name of the Petitioner along with other culprits.

5. Considering the above facts and the nature of accusations and the existence of materials prima facie in support thereof, I am not inclined to allow the prayer for bail, which is therefore rejected. The court below is directed to conclude the ongoing trial as expeditiously as possible preferably within a period of six months.

(Sashikanta Mishra) AKB Judge