Rohit Dey v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10045 of 2022 Rohit Dey ....

Petitioner Mr. D.R. Bhokta, Advocate -versusState of Odisha ....

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

ORDER

30.11.2022 Order No.

02.

1.

Heard learned counsel for the Petitioner and learned Additional Standing Counsel for the State.

2.

The Petitioner is accused in connection with G.R. Case No.110 of 2022, pending in the court of learned Additional District Judge-cum-Special Court under POCSO Act, Berhampur, arising out of Baidyanathpur P.S. Case No.18 of 2022, for commission of offences under Sections 366/ 366-A/ 370-A/ 370(4)/ 373/ 376(2)(n)/ 344/120-B IPC and Sections 6/17 of the POCSO Act read with Sections 3/4/5/6/7(1-A)/9 of Immoral Trafficking (Prevention) Act. 3.

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 14.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the co-accused Suresh Kumar Pattnaik @ Suresh Pattnaik has been released on bail by order dated 21.10.2022 in BLAPL No.8746 of 2022 and Tapan Prasad Dash has been released on anticipatory bail by order dated 11.10.2022 in ABLAPL No.10151 of 2022 and as the Petitioner is in custody from 1st week of August, 2022 and charge sheet has been filed on 14.09.2022, his further continuance in custody is not warranted.

5.

Relying on the recitals in the case diary, learned counsel for the State opposes the prayer for bail.

6.

Taking into account the nature of allegation and filing of the charge-sheet and release of the co-accused, 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

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