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Orissa High CourtBLAPL/6809/2022allowed

Alok Behera v. State Of Odisha

2022-09-23Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6809 of 2022 Alok Behera ....

Petitioner Mr. D. Sethi, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, 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 Spl. Case Case No.51 of 2022 pending in the file of learned Additional Sessions Judge-cumSpecial Judge, Keonjhar, arising out of Harichandanpur P.S. Case No.83 of 2022, offence under Sections 376(1)/ 376(2)(n)/ 363/ 366/ 294/323/506 of IPC read with Section 6 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 Judge, Kenojhar by order dated 06.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection and 164 Cr.P.C. statement which is taken on record.

6.

It is submitted by the learned counsel for the petitioner that petitioner is in custody since 08.05.2022 and charge sheet has been filed on 04.07.2022.

7.

Considering the tenor of 164 Cr.P.C. statement including the medical examination report, this directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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