Chandan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8468 of 2022 Chandan Behera ....

Petitioner Mr. U.Ch. Jena, Advocate -versusState of Orissa ....

Opposite Party Mr. P.K. Maharaj, 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 Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with Spl. G.R. Case No.24 of 2022, pending in the file of learned Additional Sessions Judge-cum- Special Judge, Deogarh, arising out of Reamal P.S. Case No.247 of 2022, corresponding to C.T. Case No.431 of 2022 for commission of offences under Section 363/376(2)(n) of IPC read with Section 4(2) and 6 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, Deogarh, by order dated 20.06.2022 in the aforementioned case, the present BLAPL has been filed. 5.

As noted, the notice has been served on 21.09.2022 and it is submitted by the learned counsel for the State that intimation was given that the matter shall be taken up today. There is no

appearance on behalf of the informant/victim when the matter is called.

6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Considering the tenor thereof and taking into account that 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.

Accordingly, the BLAPL stands disposed of.

9.

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