Suresh Tahal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8193 of 2022 Suresh Tahal ....

Petitioner Mr. T.K. Acharya, Advocate -versusState of Odisha ....

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

ORDER

13.10.2022 Order No.

03.

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.43 of 2022 pending in the file of learned Addl. District Judge-cum-Special Court under POCSO Act, Berhampur, arising out of Khallikote P.S Case No.179 of 2022, for offence under Sections 363/376(2)(n) IPC and Section 6 of the POCSO Act and is in custody since 8.4.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District Judge-cum-Special Court under POCSO Act, Berhampur by order dated 03.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

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

6.

Taking into account the filing of the charge sheet and that the Petitioner is in custody since 8.4.2022, 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

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