Biranchi Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7370 OF 2022 Biranchi Majhi .........

Petitioner Mr.J.Panda, Adv.

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

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

24.08.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The Petitioner is an accused in connection with C.T. Case No.443/40 of 2022 arising out of Bhawanipatna P.S. Case No. 133 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna registered for the alleged commission of offence under Sections 363/366/114 of the I.P.C. and Section 17 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 Court under POCSO Act, Bhawanipatna by order dated 31.05.2022, the present BLAPL has been filed.

5.

Learned counsel for the State on the basis of instruction submits that in the case at hand charge sheet has been filed against the present petitioner under Sections 363/366 of the I.P.C.

6.

Taking note of accusation vis-à-vis the petitioner and since he is not the principal accused, 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

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