Jayanta Behera @ Jayanta Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4792 OF 2022 Jayanta Behera @ Jayanta Kumar Behera .........

Petitioner Mr. A.C.Behera, Adv.

-versusState of Odisha .........

Opposite Parties Mr.K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

16.08.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The petitioner is an accused in connection with C.T. Case No. 141 of 2021 arising out of Morada P.S. Case No. 256 of 2021, pending on the file of the learned P.O.-cumSpecial Court under POCSO Act, Mayurbhanj at Baripada (Now pending at ADHOC Addl. District and Sessions Judge, First Track Special Court, Baripada) for the alleged commission of offence under Sections 363/ 366/ 376(2)(n)/34 of the I.P.C. read with Section 9 of the Prohibition of Child Marriage Act and Section 6 of the POCSO Act.

4.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned ADHOC Addl. District and Sessions Judge, First Track Special Court,

Baripada, by Order dtd.17.05.2022, the present BLAPL has been filed.

5.

Perused the 164 Cr. P.C. statement of the victim. 6.

Taking into account that the Charge-sheet has already been filed on 31.01.2022 and the petitioner is in custody since 17.01.2022, 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.

7.

The BLAPL thus stands disposed of.

8.

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