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Orissa High CourtBLAPL/5955/2022allowed

Chandan Majhi @ Kalia v. State Of Odisha

2022-07-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5955 OF 2022 Chandan Majhi @ Kalia .........

Petitioner Mr. B.N. Mohapatra, Advocate -versusState of Odisha ............

Opposite Parties Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

21.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T.(Spl) (POCSO) Case No. 47 of 2022 arising out of Panikoili P.S. Case No. 91 of 2022, pending on the file of the learned Addl. Sessions Judge-Cum-Special Judge, Jajpur for the alleged commission of offence under Sections-376(2)(n) of the I.P.C. read with Section-6 of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge-CumSpecial Judge, Jajpur by Order dtd. 24.06.2022 in C.T.(Spl) (POCSO) Case No. 47 of 2022, the present BLAPL has been filed.

4.

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

5.

Taking into account the period of custody since 25.04.2022 and charge-sheet being filed in the meanwhile, 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 and with the additional stipulation that he shall appear before the local police station once in every week till conclusion of trial. Violation of any of the conditions shall entail cancellation of the bail 6.

The Bail Application thus stands disposed of. 7.

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