Dhanu Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9267 of 2022 Dhanu Sethi ....

Petitioner Mr. R.K. Pattanaik, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC Mr. B. Dalai, Adv (Informant) CORAM: JUSTICE V. NARASINGH

ORDER

01.12.2022 Order No.

03.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Learned counsel Mr. B. Dalai and associates have entered apearance on behalf of the informant. Vakalatnama filed by Mr. Dalai is taken on record. Name be reflected in the file as well as in the cause list and in the CMS of this Court.

3.

The petitioner is an accused in Special G.R. Case No.68 of 2021, pending in the file of learned Additional District Judge cum Special Court under POCSO Act, Jagatsinghpur arising out of Erasama P.S. Case No.247 of 2021, for commission of alleged offence under Sections 376-A/376-B/341/34 of IPC read with Section 6 of the POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge cum Special Court under POCSO Act, Jagatsinghpur by order dated

12.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Copy of the depositions as submitted by the learned counsel for the petitioner is taken on record. 6.

Perused the deposition of the victim (P.W.3) aged about 11 years.

7.

Considering the tenor thereof, this Court is not inclined to entertain this bail application at this stage. This Court is of the firm view that release of the petitioner at this stage will affect the ongoing trial.

8.

Accordingly the same stands rejected.

(V. NARASINGH) Judge Santoshi