Dasarathi Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10004 of 2022 Jitendra Kumar Sahoo @ Majhi ....

Petitioner Mr. B.S. Dasparida, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

21.12.2022 Order No.

05.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with Special (POCSO) Case No.52 of 2022, pending in the Court of the learned Special Judge, FTSC, Bhadrak, arising out of Tihidi P.S. Case No.263 of 2022, for commission of alleged offences under Sections 376(2)(n)/376(3)/506/34 of IPC read with Section 4(2)/6(1) of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge (FTSC) Bhadrak by order dated 27.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is stated that the petitioner is in custody since 27.06.2022 and as charge sheet has already been filed, further continuance of the petitioner in custody is not warranted.

5.

Perused the 164 Cr.P.C. statement of the victim which is taken on record.

6.

Considering the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi