Satyaranjan Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8110 of 2022 Satyaranjan Swain ....

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

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

ORDER

21.10.2022 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.69 of 2022, pending in the file of learned Additional District and Sessions Judge-cum-Special Judge, (POCSO) Kendrapara, Dist-Kendrapara, arising out of Rajnagar P.S. Case No.275 of 2022, offence under Sections 341/323/294/307/354-A/385/506 of IPC and Section 12 of the POCSO Act and Section 67(A) of the I.T. Act and is in custody since 03.08.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Spl. Judge (POCSO) Kendrapara by order dated 20.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

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

6.

Keeping in view the nature of allegations and filing of charge sheet in the meanwhile, 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.

7.

Taking into account the nature of allegations, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial and shall not in any way try to intimidate or contact the victim and/or her family. It shall be open to the victim to seek variance of the order in the event there is any violation.

8.

Accordingly the BLAPL stands disposed of.

9.

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