Sribanta Kanhar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7722 of 2022 Sribanta Kanhar ....

Petitioner Mr. A. Tripathy, Advocate -versusState of Odisha ....

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

ORDER

29.08.2022 Order No.

01.

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.314 of 2022, pending in the file of learned S.D.J.M. Phulbani, arising out of Khajuripada P.S. Case No.61 of 2022 under Section 376(2)(I) of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District and Sessions Judge-cum-Spl. Court under POCSO Act, Phulbani by order dated 04.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Victim is stated to be mentally challenged.

6.

Learned counsel for the petitioner submits that because of family enimity the case has been falsely foisted using the victim.

7.

Perused the 164 Cr.P.C. statement of the victim. This Court is not inclined to entertain this bail application at this stage. Accordingly, the same stands rejected.

8.

It shall be open to the petitioner to move this Court after examination of the victim.

9.

Accordingly, the BLAPL stands disposed of.

10.

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