Bharat Chandra Bastia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6368 of 2022 Bharat Chandra Bastia ....

Petitioner Mr. R.K. Pradhan, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

07.09.2022 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.

Mr. D. Mishra and Associates appeared on behalf of the informant, Vakalatnama filed in Court is taken on record. Names of Mr. Mishra and Associates be reflected in the cause list as well as in the brief and the information sheet of the NIC. 4.

The petitioner is accused in connection with Balanga P.S. Case No.148 of 2021 corresponding to T.R. Case No.19 of 2022 arising out of Spl. G.R. Case No.119 of 2021, pending in the Court of learned Additional District Judge-cum-Special Court under POCSO Act, Puri, for alleged commission of offences under Sections 363/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act and Section 9 of Prohibition of Child Marriage Act. 5.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cum-

Special Court under POCSO Act, Puri, by order dated 31.05.2022 in the aforementioned case, the present BLAPL has been filed. 6.

It is stated by the learned counsel for the informant that she has no objection, if the bail application of the petitioner is considered favorably.

7.

Taking into account such statement made across the Bar and 164 Cr.P.C. statement of the victim, this Court directs the petitioner to be released on bail on such terms to be fixed by the 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 Ayesha