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Orissa High CourtBLAPL/7753/2022allowed

Amit Mundari v. State Of Odisha

2022-12-16Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7753 of 2022 Amit Mundari ....

Petitioner Mr. P.K. Nayak, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

16.12.2022 Order No.

05.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Victim is produced through V.C. by I.I.C. Barbil and on being asked she opposes the prayer for bail.

3.

The petitioner is an accused in Special Case No.26 of 2022, pending in the file of learned Additional District & Sessions Judge-cum-special Judge under POCSO Act, Keonjhar, arising out of Barbil P.S. Case No.48 of 2022, for commission of alleged offences under Sections 376(3)/506 of IPC read with Section 6 of POCSO Act and is in custody since 09.03.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-special Judge under POCSO Act, Keonjhar by order dated 26.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

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

6.

Considering the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

To instill a sense of confidence in the informant, this Court directs the petitioner to appear before the jurisdictional police station once every week on such date and time be fixed by the learned Court in seisin till conclusion of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi