Baikunthaswar Paraja @ Bulu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7066 OF 2022 Baikunthaswar Paraja @ Bulu .........

Petitioner Mr. M.R.Padhy, Adv.

-versusState of Odisha ............

Opposite Party Mr. P.K.Maharaj, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

16.08.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard Mr. Ganeswar Behera, learned counsel for the petitioner on behalf of Mr. Manoranjan Padhy and learned counsel for the State.

3.

The Petitioner is an accused in connection with G.R. Case No. 534 of 2022 arising out of Jeypore Mahila P.S. Case No. 60 of 2022 on the file of learned Addl. District Judge, Jeypore, registered for the alleged commission of offence under Sections 376(2)(n)/498A/323/506/294/34 of the I.P.C. and Sec.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 Addl. Sessions Judge-cum-Special Judge, Jeypore by order dated 6.07.2022, the present BLAPL has been filed 5.

Learned counsel for the petitioner submits that in the meanwhile Charge Sheet has already been filed on 13.06.2022 and taking into account the nature of allegation further continuance of the petitioner is not warranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia submitting that sine the Charge Sheet has been filed prima facie, petitioner complicity is established.

7.

Considering the materials on record and taking into account that the petitioner is in custody since 4.06.2022, Charge sheet has already been filed and the 164 Cr.P.C. statement of the victim, 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. 8.

Accordingly, the BLAPL stands disposed of.

9.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal