Sunil Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9834 of 2022 Sunil Behera ....

Petitioner Mr. P.R. Dash, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

27.10.2022 Order No.

01.

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. Special (POCSO) Case No.70 of 2020, pending in the Court of the learned Judge, Special Court (POCSO), Dhenkanal, arising out of Rasol P.S. Case No.143 of 2020, for alleged commission of offences under Section 376(2)(n)/506 of IPC read with Section 6 of POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, (POCSO), Dhenkanal, by order dated 19.08.2022 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 19.08.2020 and as charge-sheet has

already been filed on 10.12.2020, further continuance of the petitioner in custody is unwarranted.

6.

Perused the order of rejection and the 164 Cr.P.C. statement of the victim which is taken on record. 7.

Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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