Manoranjan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7896 of 2022 Manoranjan Behera ....

Petitioner Mr. B.K. Rath, Advocate -versusState of Odisha ....

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

ORDER

29.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the State submits that the notice has been served on the victim. In spite of service of notice, the victim has not been appeared.

3.

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

4.

The Petitioner is an accused in Special G.R. Case No.14 of 2022 pending in the file of learned Addl. Sessions Judge-cumSpecial Court under POCSO Act, Cuttack arising out of Banki P.S. Case No.18 of 2022, for offence under Sections 376(2)(n)/363/366/376(2)(n)/376(3) IPC and Section 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 ADJ-cum-Special Court under

POCSO Act, Cuttack by order dated 18.04.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

7.

Taking into account Petitioner's period of custody and filing of the 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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