Dusmant @ Chandan Behera v. State Of Odisha

,

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1249 OF 2021 Dusmant @ Chandan Behera .........

Petitioner Mr. Anirudha Das, Adv.

-versusState of Odisha &another ............

Opposite Parties Mr. D.Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

05.05.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

Learned counsel for the State on instruction submits that intimation of this BLAPL has been duly served on opposite party No.2 (informant).

4.

There is no appearance on behalf of the informant at the time of call.

5.

The Petitioner is an accused in connection with C.T. (Special) (P) Case No. 69 of 2020 arising out of Dhenkanal Sadar P.S. Case No. 453 of 2020 on the file of learned Judge Special Court (POCSO), Dhenkanal, registered for the alleged commission of offence under Sections 450/ 363/ 506/ 376(3)/ 376(2)(n) of the I.P.C. read with Section 4(2) of the POCSO Act. 6.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Judge Special Court

(POCSO), Dhenkanal, by order dated 08.02.2021, the present BLAPL has been filed.

7.

Considering 164 Cr.P.C. statement of the victim and statement of one Y.P.Yenkiya, H.R. Manager of Sakku Spinning Mill, Guntur and taking into account the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter so as to ensure presence of the petitioner on each date of trial. 08.

Accordingly, the BLAPL stands disposed of.

09.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal