Bikash Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.10139 OF 2020 Bikash Behera ....

Petitioner Mr.B. Dalai, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr.D.R. Parida, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

18.04.2022 Order No.

04.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

The Petitioner having been implicated in connection with Bargaon P.S. Case No.101 of 2020 corresponding to Special G.R. Case No.118 of 2020 for alleged commission of offence under section- 376(2)(n)/313of the IPC read with section-6 of the POCSO Act pending on the file of learned Addl. District-cum-Presiding Officer Special Court (POCSO), Sundargarh, has filed this application under section-438 of the Cr.P.C. for his grant of anticipatory bail in the event of his arrest in the above mentioned case.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Considering the submissions and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the Petitioner, this

// 2 // application is disposed of with the observation that in the event the Petitioner surrenders before the Court in seisin of the aforesaid case and moves for his release on bail, the same shall be considered on its own merit and disposed of early in accordance with law so as to enable the Petitioner to approach the next higher forum early in case necessity so arises. The case record be made available at the cost of the Petitioner.

Interim order passed on 15.09.2020 stands vacated 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan