Deepak Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8604 of 2022 Deepak Behera ....

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ....

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

ORDER

03.11.2022 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 connection with Special (POCSO) No.74 of 2020 pending in the court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Angul, arising out of Jarapada P.S. Case No.267 of 2020 for the alleged commission of offence under Sections 376(2)(n)/417/506/354-A IPC and Section 6(1) of the POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned A.D.J-cum-Special Court under POCSO Act, Angul by order dtd.03.09.2022, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioner that since the Petitioner is in custody since 09.05.2022 and the charge

sheet has been filed on 31.08.2022, further continuance of the Petitioner in custody is unwarranted.

6.

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

7.

Taking into account the filing of charge sheet and the period of custody, 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 appear before the jurisdictional police station of the Court in seisin over the matter once every two weeks till conclusion of trial. 9.

The BLAPL thus stands disposed of.

10.

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