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Orissa High CourtBLAPL/9023/2022allowed

Bikash Pattnaik @ Rinku v. State Of Odisha

2022-10-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9023 of 2022 Bikash Pattnaik @ Rinku ....

Petitioner Mr. S.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

13.10.2022 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 C.T Case No.1715 of 2022, pending in the Court of learned S.D.J.M. Jharsuguda arising out of Jharsuguda P.S. Case No.374 of 2022, for alleged commission of offences under Sections 458/392/34 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Special Court under POCSO Act, Jharsuguda by order dated 06.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 13.07.2022 and since charge sheet has already been filed on 27.08.2022 further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner has criminal proclivity of similar nature.

7.

Taking into account the filing of charge sheet, age of the petitioner and 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 once every week till the conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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