Jyoti Tudu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4855 OF 2022 Jyoti Tudu .........

Petitioner Mr. Debabrata Dash, Advocate -versusState of Odisha & Another ............

Opposite Parties Mr. A. Pradhan, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

29.07.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The petitioner is an accused in connection with Special Case No. 02 of 2022 arising out of Ghasipura P.S. Case No. 01 of 2022, pending on the file of the Learned Add. Sessions Judgecum-Special Judge, Keonjhar for the alleged commission of offence under Sections-341/323/363/376(3)/34 of the I.P.C read with Section-4 of the POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge-cumSpecial Judge, Keonjhar by Order dtd. 05.04.2022 in Special Case No. 02 of 2022, the present BLAPL has been filed.

5.

Learned counsel for the State on instruction submits that notice in the meanwhile has been served on the informant on 13.07.2022, there is no appearance when the matter is called. 6.

Perused the 164 of the statement of the victim and the Medical Examination Report.

7.

Perused the 164 Cr.P.C. statement of the victim and the Medical Examination Report, which clearly establishes the offence as alleged, details of which has been rightly noted in the order of rejection. In view of the same this Court is not inclined to entertain this application at this Stage.

8.

It shall be open to the petitioner to move this court after examination of the victim, if so advised.

9.

The Bail Application thus stands disposed of. 10.

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