Basanta Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6500 of 2022 Basanta Kumar Das ....

Petitioner Mr. J. Mohapatra, Advocate -versusState of Odisha ....

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

ORDER

14.10.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

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

3.

It is submitted by the learned counsel for the State that notice has been served on the informant/victim on 11.09.2022. There is no appearance on behalf of the informant/victim when the matter is called.

4.

The petitioner is an accused in connection with Special (POCSO) Case No.20 of 2022 pending on the file of learned Adhoc ADJ-cum-Special Judge (FTSC), Bhadrak, arising out of Basudebpur P.S. Case No.94 of 2022, for alleged commission of offences under Sections 376(2)(n)/506 of IPC and under 6 of the POCSO Act and under Section 3(2)(v) of SC & ST (P.A.) Act. 5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge (FTSC) Bhadrak by

order dated 30.06.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C statement of the victim. 7.

Considering the tenor thereof and keeping in view the period of custody since 05.03.2022, 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 so as to ensure his presence on each date of trial.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi