R. Siba Shankar Reddy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9895 of 2022 R. Siba Shankar Reddy ....

Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

16.12.2022 Order No.

04.

1.

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

2.

Learned counsel for the State on instruction submits that notice has been served on the informant/victim on 12.11.2022. There is no appearance on behalf of the informant/victim when the matter is called.

3.

The petitioner is an accused in G.R. Case No.120 of 2022, pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Berhampur, arising out of Khallikote P.S. Case No.418 of 2022, for commission of alleged offences under Sections 376(2)(n)/354/506/509 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 District Judge-cumSpecial Court under POCSO Act, Berhampur by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that the petitioner is in custody since 01.08.2022 and as charge sheet has already been filed on 28.09.2022, further continuance of the petitioner in custody is not warranted.

6.

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

The 164 Cr.P.C. statement filed by the learned counsel for the petitioner is taken on record.

8.

Perused the 164 Cr.P.C. statement of the victim. 9.

Considering the tenor thereof and 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.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

(V. NARASINGH) Judge Santoshi