Akash Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6472 of 2022 Akash Biswal ....

Petitioner Mr. S.N. Mishra-4, Advocate -versusState of Odisha ....

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

ORDER

23.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in C.T. Case No.70 of 2022 pending in the file of learned Additional Distriction Judge-cumspecial Court under POCSO Act, Bhawanipatna, arising out of M.Rampur P.S. Case No.154 of 2022, offence under Sections 342/354-A/354-B/385/500 of IPC read with Section 66-E/67/67A/67-B of I.T Act along with Section 12 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-cumSpecial Court under POCSO Act, Bhawanipatna by order dated 05.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that he is in custody since 22.06.2022 and charge sheet has already been filed on 17.08.2022, further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for keeping in view the nature of allegations and active manner in which the petitioner took steps to circulate the objectionable video of the victim 7.

Considering the filing of charge and the age of petitioner, 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.

Additionally it is directed that the petitioner shall appear before jurisdictional police station once every month till the conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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