Manas Palei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2719 of 2022 Manas Palei ....

Petitioner Mr.B.B. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.04.2022 01.

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 under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Boudh P.S. Case No.70 of 2022 corresponding to J.C. No.03 of 2022 pending in the Court of learned Principal Magistrate, Juvenile Justice Board, Boudh for alleged commission of offences under sections 366/376(2)(n)/506 of the Indian Penal Code read with section 6 of the POCSO Act.

In view of the available materials on record and after going through the 164 Cr.P.C. statement of the

// 2 // victim, in which the victim has specifically implicated the petitioner in the commission of rape on her and the nature and gravity of the accusation, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner appears in the Court below and moves for bail, the same shall be disposed of as expeditiously as possible by the learned Courts below in accordance with law. The case records shall be made available to the Court concerned.

At this stage, learned counsel for the petitioner submitted that the petitioner is a juvenile.

If any such plea is taken and relevant documents are produced before the Court below, the same may be enquired into and considered in accordance with law.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P