Aju @ Ajaya Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7993 of 2022 Aju @ Ajaya Swain ....

Petitioner Mr. D.K. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

08.09.2022 Order No.

02.

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 G.R. Case No.34 of 2022 pending in the file of learned Adhoc Additional District and Sessions Judge, POCSO, Kendrapara arising out of Marsaghai P.S. Case No.138 of 2022, offence under Sections 341/354/354-A/354B/354-C/354-D/384/509/506 of the IPC and Section 8 of the POCSO Act.

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, (POCSO) Act, Kendrapara by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account that the petitioner is in custody since 10.05.2022 and charge sheet has already been filed on 25.06.2022,

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. 6.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once in seven days till the conclusion of trial. Because of the peculiar nature of the allegations the I.O. is directed to ensure that the petitioner does not threaten either the victim or her family in any manner and shall not try to contact and/or threaten victim and her family in any way. 7.

Accordingly, the BLAPL stands disposed of.

8.

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