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Orissa High CourtBLAPL/7067/2022allowed

Prasant Behera v. State Of Odisha

2022-09-20Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7067 of 2022 Prasant Behera ....

Petitioner Mr. B.K. Nayak, Advocate -versusState of Orissa ....

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

ORDER

20.09.2022 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 accused in Puri Sadar P.S. Case No.78 of 2022 corresponding to Spl. G.R. Case No.25 of 2022 further corresponding to T.R. Case No.47 of 2022, pending before the Court of the learned Additional District & Sessions Judge-cumSpecial Court under POCSO Act, Puri, for alleged commission of offences under Sections 376(3) of the IPC and Section 6 of POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Court under POCSO Act, Puri, by order dated 23.05.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the State that notice has been served on behalf of the informant/victim on

28.08.2022.

There is no appearance on behalf of the informant/victim.

6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Taking into account that in the meanwhile charge-sheet has already been filed and the petitioner is in custody since 14.03.2022, 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