Alok Behera @ Alok Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6901 of 2022 Alok Behera @ Alok Kumar Behera ....

Petitioner Mr. A. Tripathy, Advocate -versusState of Odisha ....

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

ORDER

02.11.2022 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 connection with Special G.R. Case No.80 of 2022, pending in the file of the learned Special Judge-cum-Session Judge, Nayagarh, arising out of Gania P.S. Case No.43 of 2022, for alleged commission of offences under Sections 363/366/376(2)(n) of IPC read with Section 6 of the POCSO Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Judge under POCSO Act, Nayagarh, by order dated 11.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 23.06.2022 and since charge-sheet

has already been filed on 20.08.2022, further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Taking into account the period of custody 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 Ayesha