Panda @ Raja @ Rajendra Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4318 of 2022 Panda @ Raja @ Rajendra Jena and another ....

Petitioners Mr. M. Das, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

22.07.2022 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 and learned counsel for the informant. 3.

It is submitted that the notice has already been duly served on the informant/victim. None appears when the matter is called. 4.

The petitioner is an accused in G.R. Case No.225 of 2021, on the files of learned A.D.J.-cum.Spl. Court under POCSO Act, Berhmapur, arising out of Buguda P.S. Case No.683 of 2021, under Sections 376-D and 506 of IPC as well as under section 6 and 12 of the POCSO Act read with Section 3(1)(r)(s)/3(1)(w)(ii)/3(2)(v) SC & ST (POA) Act and is in custody since 28.12.2021.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cumSpecial Court under POCSO Act, Berhampur by order dated 08.04.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Taking into account the filing of charge sheet and the 161 and 164 statements of the victim in the FIR and considering that the principal accused in one Sridhar Jena, who is not the petitioner in this bail application, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin of the matter 7.

Accordingly, the BLAPL stands disposed of.

8.

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