Kailash Koushalya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7011 of 2022 Kailash Koushalya ....

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

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

ORDER

12.08.2022 Order No.

01.

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 C.T. Case No.664/63 of 2022, on the files of learned Sessions Judge, Bargarh arising out of Lanjigarh P.S. Case No.34 of 2022, under Sections 354-C/34 of the IPC read with Section 12/14 of the POCSO Act and 66(E)/67(A) of the IT Act and is in custody since 08.06.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Spl. Court under POCSO Act, Bhawanipatna, by order dated 04.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Learned counsel for the petitioner submits that the principal accused is one Ranjit Jani, allegations against whom is

that he had taken objectionable photographs of the victim and transferrred it to the present accused who in turn circulated 6.

It is further submitted that since charge sheet has already been filed on 08.07.2022 further continuance of the petitioner is not warranted.

7.

Learned State counsel on perusal on the perusal of the Case Diary submits that the victim denied for the recording of 164 Cr.P.C. statement.

8.

Taking into account the role played by the present petitioner, 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.

9.

Additionally, it is directed that the petitioner shall appear in the jurisdictional Police station once every week till the conclusion of the trial.

10.

Accordingly, the BLAPL stands disposed of.

11.

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