Bhisma Pulei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7216 of 2022 Bhisma Pulei ....

Petitioner Mr. S. Dwibedi, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. Karunakar Gaya, 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 13.09.2022. There is no appearance on behalf of the informant/victim when the matter is called.

4.

The petitioner is an accused in Special G.R. Case No.28 of 2022, pending in the file of learned Additional Sessions Judge-cumSpecial Court (under POCSO Act), Sambalpur, arising out of Rairakhol P.S. Case No.99 of 2022, alleged offence under Sections 450/376(3) of the IPC read with Section 4(2) of the POCSO Act and is in custody since 08.05.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Spl.

Court (under POCSO Act), Sambalpur by order dated 22.07.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Perused the statement of victim and of her grandmother. 7.

On a conspectus of materials on record and keeping in view that charge sheet has been filed on 04.07.2022, 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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