Dayakara Ghibela v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1610 of 2022 Dayakara Ghibela ....

Petitioner Mr.J.Sahu, Advocate -versus1. State of Odisha

2. Basanti Nag ....

Opp. Parties Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with Balangir Sadar P.S. Case No.328 of 2019 corresponding to Special G.R. Case No.116 of 2019 pending in the Court of learned Addl. Sessions Judge, FTSC, Balangir for offences punishable under sections 376(2)(j)(i)(3), 294, 506/34 the Indian Penal Code and section 6 of the POCSO Act.

The prayer for bail of the petitioner was rejected

// 2 // by the learned Addl. Sessions Judge, FTSC, Balangir vide order dated 10.02.2022.

Status report was called for as per order dated 29.04.2022 and the learned trial Court has furnished the same vide letter dated 06.05.2022 from which it appears that the trial is awaiting for the examination of police constable, who is the seizure witness, the lady Sub-Inspector of Police, who examined the victim and recorded her statement and the Investigating Officer and the trial is at a concluding stage and will be completed by the end of June, 2022.

In view of such state of affairs, I am not inclined to release the petitioner on bail. However, the petitioner is at liberty to renew his prayer for bail if the trial is not concluded by the end of June, 2022. The BLAPL is accordingly disposed of.

A copy of the order be communicated to the learned trial Court forthwith.

( S.K. Sahoo) Judge PKSahoo