Lata Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9800 of 2022 Lata Das ....

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

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.11.2022 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 G.R Case No.110 of 2022, pending on the file of learned Additional District Judge-cumSpecial Court under POCSO Act, Berhampur, Dist- Ganjam, arising out of Baidyanathpur P.S. Case No.18 of 2022, for commission of alleged offences under Section 366/ 366-A/ 370-A/ 370(4)/ 373/ 376(2)(n)/ 344/ 120-B of IPC read with Section 6 & 17 of the POCSO Act including Sections 3/4/5/6/7(1-A) of the Immoral Trafficking (Prevention) Act, 1956.

4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cumSpecial Court under POCSO Act, Berhampur by order dated 14.09.2022 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 23.07.2022 and as charge sheet has already been filed on 15.09.2022, 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 filing of charge sheet 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

(V. NARASINGH) Judge Santoshi