Sarbeswar @ Sipuni Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9284 of 2022 Sarbeswar @ Sipuni Bhoi ....

Petitioner Mr. S. Das, Advocate -versusState of Odisha ....

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

ORDER

25.11.2022 Order No.

04.

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 Special G.R. Case No.39 of 2022, pending in the file of learned Additional Sessions Judge-cumSpecial Judge, (POCSO) Jagatsinghpur, arising out of Tirtol P.S. Case No.419 of 2022, for commission of alleged offences under Sections 363/366/376(2)(n) 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-cumSpecial Court under POCSO Act, Jagatsinghpur by order dated 13.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the petitioner is in custody since 03.09.2022 and as charge sheet has been filed on 30.10.2022, further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Perused the 164 Cr.P.C statement of the victim. 8.

Considering the tenor thereof and taking into account the period of custody and filing of charge sheet, 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi