Mithun @ Ramesh Sitha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6077 OF 2022 Mithun @ Ramesh Sitha .........

Petitioner Mr.A.K.Sahoo, Adv.

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

Opposite Party Mr. P.K.Maharaj, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

22.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The Petitioner is an accused in connection with Spl. G.R. Case No. 67 of 2022 arising out of Chandpur P.S. Case No. 53 of 2022 on the file of learned Addl. Sessions Judge-cum-Special Judge, POCSO Act, Nayagarh registered for the alleged commission of offence under Sections 363/366(A)/376(2)(n) of the I.P.C. and Sec. 4/6/27 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-cum-Special Judge, POCSO Act, Nayagarh, by order dated 21.06.2022, the present BLAPL has been filed. The petitioner is stated to be in custody since 25.05.2022.

5.

Learned counsel for the petitioner submits that petitioner had a relationship and the accusation has been made because such a relationship had become sour.

6.

Opposing the prayer, learned counsel for the State submits that the investigation is going on, it will not be prudent to consider the bail of the petitioner.

7.

Taking into account the tenor of 164 Cr.P.C. statement of the victim and the period of custody, this Court directs the petitioner shall be released on bail. The terms to be fixed by the learned court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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