Dhanu Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6733 of 2022 Dhanu Majhi ....

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

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

ORDER

13.10.2022 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 on instruction that notice has been served on the informant/victim on 14.08.2022.

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 Case No.43 of 2022, pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Keonjhar arising out of Daitari P.S. Case No.26 of 2022, for alleged commission of offences under Sections 363/366/376(2)(n)/376(3)/112 of IPC read with Section 6 and 16 of POCSO Act and is in custody since 02.07.2022. 5.

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

Special Judge, Keonjhar by order dated 11.07.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Perused the 164 Cr.P.C. statement of the victim which clearly indicates that the principal accused is one Kuna Klisu, who is not the petitioner before this Court.

7.

Taking into account the nature of allegations against the present petitioner and filing of charge sheet, 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 Santoshi