Rabindra Kumar Murmu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4892 of 2021 Rabindra Kumar Murmu .........

Petitioner Mr. A.Dash, Adv.

-versusState of Odisha & another ............

Opposite Parties Mr. P.Mohapatra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

13.07.2022 Order No.

05.

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 Khunta P.S. Case No. 16 of 2021 corresponding to C.T.Case No.8 of 2021 on the file of learned Special Court under POCSO Act, Baripad, Mayurbhanj under Sections 363/376(2)(n) of the I.P.C. read with Section 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 Special Court under POCSO Act, Baripad, Mayurbhanj by order dated 29.04.2021 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the 164 Cr.P.C. statement of the victim. She has, inter alia, stated that there has been no physical relationship between her and the petitioner.

6.

Taking into account that the statement of the victim and being cognizant of the fact that Charge Sheet has already been

submitted in the meanwhile and the petitioner is stated to be in custody since 23.01.2022, this Court directs that the Petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter including that the Petitioner shall attend each date of trial.

7.

Accordingly, the BLAPL is disposed of.

8.

Issue urgent certified copy of this order as per rules. ( V.Narasingh ) Dhal Judge