Prem Chouhan @ Premanand Chouhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8090 of 2022 Prem Chouhan @ Premanand Chouhan ....

Petitioner Mr. S.R. Das, Advocate -versusState of Odisha ....

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

ORDER

19.10.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the State, on instruction, submits that notice was served on the Informant-Opposite Party No.2 on 16.09.2022, but there is no appearance, when the matter is called. 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.113 of 2021 pending in the file of learned Additional District Judgecum-Special Court, POCSO, Sundargarh arising out of Talsara P.S. Case No.141 of 2021, for commission of offence under Sections 342/376(AB)/ 376(2)(n)/376(2)(f)/506 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 A.D.J-cum-Special Court under

POCSO Act, Sundargarh by order dated 19.05.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Learned counsel for the Petitioner submits that the Petitioner is in custody since 26.08.2021 and the charge sheet having been filed, further continuance of the Petitioner in custody is unwarranted.

7.

Perused the 164 Cr.P.C statement of the victim, who is aged about 9 years.

8.

Taking note of the same, this Court is not inclined to entertain this bail application at this stage. 9.

Since the Petitioner is in custody since 26.8.2021, learned Court in seisin over the matter is called upon to expedite the trial of the aforesaid case and conclude the same within the period of six months from the date of receipt/production of the copy of this order. 10.

Registry is requested to communicate this order to the learned Court in seisin over the matter.

11.

With the aforesaid order, this BLAPL stands disposed of. 12.

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