Balia @ Laxmidhar Bhakta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1105 OF 2021 Balia@Laxmidhar Bhakta .........

Petitioner Mr. A.P. Bose, Advocate -versusState of Odisha & Another ............

Opposite Parties Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

24.06.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T. Case No. 106 of 2020 arising out of Chandua P.S. Case No. 60 of 2020, pending on the file of the learned District Judge, Baripada for the alleged commission of offence under Sections-376(2)(n) of the IPC read with Section-6 of the POCSO Act. The petitioner is in custody since 08.09.2020.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned 1st Addl. District & Sessions Judge, Baripada by Order dtd. 12.11.2020 in Bail Application No. 449 of 2020, the present BLAPL has been filed. 4.

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

5.

Considered the tenor of the 164 Cr.P.C. statement of the victim as reflected in the order of the learned 1st Addl. District & Sessions Judge, Baripada while considering the bail application of the petitioner.

6.

Taking into account the tenor of the same and that the petitioner is in custody since 08.09.2020, this Court directs the petitioner shall be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

7.

The Bail Application thus stands disposed of. 8.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge