Sagar @ Priyaranjan Dalei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7877 of 2022 Sagar @ Priyaranjan Dalei ....

Petitioner Mr. B.K. Dash, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

23.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. 3.

Learned counsel Mr. S.K. Mohanty & Associates have appeared on behalf of the informant. The Vakalatnama filed is taken on record. Name of Mr. S.K. Mohanty & Associates be reflected in the file, in the cause list and in the CMS of this Court. 4.

The petitioner is an accused in C.T. Special (POCSO) Case No.56 of 2022, pending before the learned Additional District & Sessions Judge cum Special Court under POCSO Act, Jajpur, arising out of Dharmasala P.S. Case No.293 dt.23.05.2022, for offences under Sections 363/366/376(2)(n)/34 of IPC read with Section 4(2)/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 District & Sessions Judge cum Special Court under POCSO Act, Jajpur, by order dated

27.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Taking into account the same and that in the meanwhile charge-sheet has been filed and the petitioner is in custody since 25.05.2022, 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.

8.

Taking into account the concerned express by the learned counsel for the informant, it is directed that the accused shall not in any way try to contact or intimidate the victim or her family member. In the event any violation of any of the conditions, it shall be open to the informant to bring the same to the notice of 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 rule. (V. NARASINGH) Judge Ayesha