Krushna Chandra Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7020 of 2022 Krushna Chandra Behera ....

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ....

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

ORDER

17.10.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

In spite of service of notice on the victim/informant on 20.08.2022, no one appears.

3.

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

4.

The Petitioner is an accused in Special (POCSO) No.34 of 2022 pending in the file of learned Special Judge (POCSO), Angul, arising out of Kishore Nagar P.S. Case No.57 of 2022 for commission of offence under Sections 376(3)/376(2)(f)/506 IPC and 6 of the POCSO Act.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the ADJ-cum-Special Court under POCSO Act, Angul by order dated 18.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Taking into account the statement of the victim recorded under Section 164 Cr.P.C, this Court is not inclined to entertain the bail application of the Petitioner at this stage. It shall be open to the Petitioner to renew his prayer before the learned Court in seisin over the matter after examination of the victim, which shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court.

7.

As the Petitioner is in custody since 18.04.2021, learned Court in seisin over the matter is called upon to expedite the trial. 8.

With the aforesaid order, this BLAPL stands disposed of. 9.

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