Raja Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8182 of 2022 Raja Singh ....

Petitioner Mr. K. Mohanty, Advocate -versusState of Orissa ....

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

ORDER

30.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the State and the victim appeared through video conferencing. 3.

The petitioner is an accused in connection with T.R. Case No.395-A of 2021, pending before the Court of learned Adhoc. Additional Sessions Judge (FTSC), Bhubaneswar, arising out of Laxmisagar P.S. Case No.284 of 2021, for offences under Section 376(3)/120-B/34 of IPC read with Section 4(2) of POCSO Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Adhoc. Additional Sessions Judge(FTSC), Bhubaneswar, by order dated 16.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

The victim appeared through video conferencing has opposed the bail and on being asked she said that one of the coaccused Nath is threatening her. 6.

Perused the 164 Cr.P.C. statement of the victim and it is seen that the principal accused Salim has been released on bail by

the learned Court in seisin over the matter and the co-accused Nath against whom the victim has specific allegations vis-à-vis threat perception is not the petitioner before this Court. 7.

Considering the same and since charge-sheet has already been filed, 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.

Additionally it is directed that the petitioner shall not any way try to intimidate the victim or her family. 9.

Accordingly, the BLAPL stands disposed of.

10.

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