Khudiram Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6232 of 2022 Khudiram Barik ....

Petitioner Mr. S.S. Ray-2, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

30.08.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 3.

The petitioner is an accused in Special Case No.78 of 2022, pending in the file of learned Additional Sessions Judge-cumSpl. Judge, Balasore, arising out of Soro P.S. Case No.135 of 2022 under Sections 363/366/376(2)(n)/294/506/34 of IPC read with Section 6 of POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Spl. Judge, Balasore by order dated 19.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that he is custody since 06.04.2022 and as charge sheet has already been filed

there is no justification of further continuance of the petitioner in custody.

6.

Learned counsel for the State and informant opposes the prayer for bail. Learned counsel for the State produces the 164 Cr.p.C. statement of the victim.

7.

Considering the tenor of 164 Cr.P.C. statement and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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