Bikash Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.5783 OF 2020 Bikash Swain ....

Petitioner Mr. S.K. Dwibedi, Advocate -versusState of Odisha ....

Opposite Party Mr. G.N. Rout, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

21.03.2022 03.

1.

This matter is taken up through video conferencing mode. Order No.

2.

Learned Counsel for the Petitioner submits that here in the case, the principal accused is Rakesh Swain against whom the allegations as to commission of principal offence under Section376(2)(n) of the IPC run and this Petitioner has been unnecessarily arraigned in the case being falsely assigned with the role having no nexus with the commission of the said offence. It is further submitted that the attempt to implicate this Petitioner in the above manner is only to harass him. In view of all the above and in the absence of any such impediment; he urges for grant of anticipatory bail to the Petitioner.

3.

Learned counsel for the State does not dispute the position that here as against accused- Rakesh, the allegations in respect of commission of the principal offences run. He, however, opposes the move in view of the role said to have been played by the Petitioner.

4.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding

// 2 // circumstances of the case as also concerning the Petitioner and in the absence of any other impediment, it is directed that in the event the Petitioner surrenders before the court in seisin of the case in connection with Baidyanathpur P.S. Case No.64 of 2020 corresponding to G.R. Case No.22 of 2020 (POCSO) on the file of learned Special Judge (POCSO), Berhampur-Ganjam within two weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.

5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan