Mona Poraja v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7096 of 2022 Mona Poraja ....

Petitioner Mr. S.K. Baral, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

Learned counsel for the State on instruction that notice has been served on 20.09.2022. There is no appearance on behalf of the informant/victim when the matter is called.

4.

The petitioner is an accused in T.R. Case No.22 of 2022, pending in the file of learned Additional District and Sessions Judge-cum-Special Court under POCSO Act at Jeypore, arising out of Machkund P.S. Case No.11 of 2022, alleged offence under Sections 376(3)/376(2)(n)/417/506/294/502 of IPC read with section 4(2) and 6 of the POCSO Act and is in custody since 24.01.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Special Court under

POCSO Act, Koraput at Jeypore by order dated 18.07.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Considering the 164 Cr.P.C. statement of the victim and filing of charge sheet on 25.03.2022 and keeping in view the period of custody, 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 so as to ensure his presence on each date of trial. 7.

Accordingly, the BLAPL stands disposed of.

8.

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