Jeet Barik @ Indrajit Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7615 of 2022 Jeet Barik @ Indrajit Barik ....

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

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

23.11.2022 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.

The petitioner is an accused in C.T. Case No.581 of 2022, pending in the file of learned A.D.J.-cum-Special Court (POCSO), Balasore, arising out of Special Case No.145 of 2022, for commission of alleged offences under Sections 363/366/376(2)(n)/34 of IPC read with Section 6 of the POCSO Act and is in custody since 14.06.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court (POCSO), Balasore by order dated 21.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 14.06.2022 and as charge sheet has been filed on 12.10.2022. Hence, further continuance in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

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

8.

Considering the tenor thereof and taking into account the period of custody and filing of charge sheet, 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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