Haripada Dey v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3602 of 2022 Haripada Dey ....

Petitioner Mr. A.K. Das, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

16.08.2022 I.A. No.1438 of 2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

Learned counsel for the petitioner does not want to press the I.A.

4.

Accordingly, the I.A. stands disposed of as not pressed. (V. NARASINGH) Judge Santoshi BLAPL No. 3602 of 2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the State submits that notice has already been served on 19.05.2022, there is no appearance on behalf of the informant/victim when the matter is called.

3.

The petitioner is an accused in Spl. G.R Case No.70 of 2021, on the files of Additional Sessions Judge-cum-Special Judge, Jagatsinghpur, arising out of Tirtol P.S. Case No.467 of 2021, under Sections 363/376(2)(n)/376(3)/313/506 of IPC read with Section 6 of the POCSO Act and read with section 3(2)(v) of the S.C. & S.T. (POA) Act, 1989.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Spl. Judge, Jagatsinghpur, by order dated 04.03.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Learned counsel for the petitioner submits that charge sheet has already been filed on 15.02.2022 and hence further continuance of the petitioner in custody is not warranted. 6.

It is submitted by the learned counsel for the petitioner that there was a marriage between the victim and the present petitioner on 11.03.2021, which is not disputed by the learned counsel for the State and the same is also borne out from the charge sheet which is on record.

7.

It is stated that subsequently the allegations have been made without any basis.

8.

Taking into account the nature of allegations and filing of charge sheet, 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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