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Orissa High CourtBLAPL/7340/2022allowed

Baga @ Dhnanjay Behera v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7340 of 2022 Baga @ Dhnanjay Behera ....

Petitioner Mr. N. Panda, Advocate -versusState of Odisha & Another ....

Opposite Parties 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, learned counsel for the informant and learned counsel for the State. 3.

Learned counsel Mr. H. Das has appeared on behalf of the informant/ Mother of the victim. Vakalatnama filed is taken on record.

4.

The petitioner is accused in Chauliaganj P.S. Case No.58 of 2022 corresponding to Special G.R. Case No.26 of 2022, pending in the Court of the learned Additional Sessions Judge-cumSpecial Court (POCSO), Cuttack, for alleged commission of offences under Sections 363/366/376(2)(n)/376(3) of the IPC read with Section 6 of the POCSO Act.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Court (POCSO), Cuttack, by order dated 28.06.2022 in the aforementioned case, the present BLAPL has been filed.

6.

It is stated by the learned counsel on behalf of the informant that the matter has been amicably settled and hence the victim does not want to proceed with the case. 7.

Perused the 164 Cr.P.C. statement.

8.

Taking into account the period of custody and the stand of the informant in this Court, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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