Ramadas Kandatamara v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8203 of 2022 Ramadas Kandatamara ....

Petitioner Mr. S. Harichandan, Advocate -versusState of Orissa & Another ....

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

ORDER

04.11.2022 Order No.

06.

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 connection with G.R. Case No.536 of 2022, pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Jeypore, arising out of Bandhugaon P.S. Case No.59 of 2022, for alleged commission of offences under Sections 363/366/376(3) 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 Additional Sessions Judge -cumSpecial Judge, Jeypore, by order dated 29.06.2022 in the aforementioned case, the present BLAPL has been filed. 5.

The victim is produced through VC by the Inspector-inCharge, Mr. Bijay Raj Majhi of Bandhugaon police station.

6.

On being asked, the victim has objected to release of the petitioner on bail and corroborated her statement as made in the 164 Cr.P.C. statement.

7.

Taking into account the tenor thereof, this Court is not inclined to consider the bail application at this stage. 8.

Since the consideration by the learned Court in seisin over the matter was prior to filing of charge-sheet, learned counsel for the petitioner is permitted to renew the prayer before the learned Court below, which shall be considered on its own merits without being influenced by earlier rejection or order passed by this Court. 9.

Accordingly, the BLAPL stands disposed of.

10.

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