Dushmanta Bhue v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6737 of 2022 Dushmanta Bhue ....

Petitioner Mr. R. Prusty, Advocate -versusState of Odisha and another ....

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

ORDER

21.11.2022 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.

Learned counsel for the State on instructions submits that notice has been served on the informant/victim. There is no appearance on behalf of the informant/victim when the matter is called.

4.

The petitioner is an accused in C.T. (Spl) Case No.18 of 2022, pending in the file of learned A.D.J.-cum-Special Court under POCSO Act, Jharsuguda, arising out of Jharsuguda P.S. Case No.111 of 2022, offence under Sections 376AB read with Section 6/8 of POCSO Act and is in custody since 22.02.2022. 5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court under POCSO Act, Jharsuguda, by order dated 20.05.2022 in the aforementioned case, the present BLAPL has been filed.

6.

It is submitted by the learned counsel for the petitioner that the statement therein that the medical examination report does not corroborate the allegations as made.

7.

Learned counsel for the State opposes the prayer for bail relying on the statement of the victim aged about 12 years. 8.

Perused the statement of the victim.

9.

Considering the tenor thereof and taking into account that the petitioner had earlier also attempted to commit similar offence, as borne out, this Court is not inclined to entertain this bail application at this stage.

10.

Learned Court in seisin is called upon to expedite the trial. Registry is requested to communicate the same. 11.

Accordingly the BLAPL stands disposed of.

12.

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