Bapun @ Partha Sarathi Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9827 of 2022 Bapun @ Partha Sarathi Jena ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

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

ORDER

09.12.2022 Order No.

03.

1.

It is submitted by the learned counsel for the State, on instruction, that the notice has been served on the victim/informant on 26.11.2022. In spite of service of notice, none appears for the victim/informant.

2.

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

3.

The Petitioner is an accused in Special Case No.3 of 2022 pending on the file of learned Addl. Sessions Judge (FTC), Balasore, arising out of Khantapada P.S. Case No.347 of 2021, for commission of offence under Sections 363/366/376(3)/376(2)(n) IPC and 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 Addl. Sessions Judge (FTSC), Balasore by order dated 30.09.2022 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 06.01.2022 and as charge sheet has been filed on 04.03.2022, his further continuance in custody is not warranted.

6.

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

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

8.

Considering the tenor thereof and filing of the 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 rule. (V. NARASINGH) Judge PKS