Biju @ Bijay Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5294 OF 2022 Biju@ Bijay Pradhan .........

Petitioner Mr. B.K. Ghadei, 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, learned Counsel for the State and learned counsel for the informant. 3.

The petitioner is an accused in connection with Spl. G.R. Case No. 52 of 2019 arising out of Jagatpur P.S. Case No. 95 of 2019, pending on the file of the learned A.D.J-cum-Spl. Judge, POCSO Act, Cuttack for the alleged commission of offence under Sections-363/366/376(2)(n)/376(3) of the I.P.C. read with Sections-4/6 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 Court under POCSO Act, Cuttack by Order dtd. 20.05.2022 in Spl. G.R. Case No. 52 of 2019, the present BLAPL has been filed.

5.

The informant filed an affidavit indicating inter alia that in the meantime the victim and the accused -petitioner have entered into matrimony.

6.

Perused the 164 Cr.P.C. statement of the victim which is to the same effect.

7.

Considering the statement of the victim and the affidavit of the informant and taking into account the submission of the learned counsel for the parties, this Court directs the petitioner to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter, 8.

The Bail Application thus stands disposed of. 9.

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