Khageswar Goud v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6462 of 2022 Bhubaneswar Patra ....

Petitioner Mr. R. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

21.10.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

In spite of service of notice on the victim/informant on 8.9.2022, none appears.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

The petitioner is an accused in C.T. Case No.33 of 2022 pending in the file of learned Special Court under POCSO Act, Mayurbhanj, Baripada, arising out of Jharpokharia P.S. Case No.82 of 2022, for commission of offence under Sections 376AB/376(2)(f) IPC and Section 6 of the POCSO Act and is in custody since 09.04.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Court under POCSO Act, Mayurbhanj, Baripada by order dated 20.06.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C. statement of the victim, who is aged about 7 years.

7.

Taking into account the nature of allegation and the age of the victim, this Court is not inclined to entertain this bail application at this stage. Liberty is granted to the Petitioner to renew his prayer after examination of the victim. 8.

Accordingly, the BLAPL stands rejected.

(V. NARASINGH) Judge PKS