Akash Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10344 of 2022 Akash Bhoi ....

Petitioner Mr. A.K.Raut, Advocate -versusState of Odisha ....

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

ORDER

13.12.2022 Order No.

02.

1.

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

2.

The Petitioner is an accused in C.T. (Special) Case No.66 of 2022 pending on the file of learned Addl. District Judge-cumSpecial Court, POCSO, Jharsuguda, arising out of Rengali P.S. Case No.156 of 2022, for commission of offence under Sections 354-A/354-D/504/506 IPC and Section 12 of the POCSO Act. 3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. District Judge-cum-Special Court, POCSO, Jharsuguda by order dated 27.09.2022 in the aforementioned case, the present BLAPL has been filed. 4.

It is submitted by the learned counsel that the Petitioner is in custody since 02.09.2022 and as charge sheet has been filed on 31.10.2022, his further continuance in custody is not warranted. 5.

Learned counsel for the State opposes the prayer for bail. 6.

Perused the statement of the victim recorded under Section 164 Cr.P.C, which is taken on record.

7.

Considering the 164 Cr.P.C. statement of the victim, the age of the Petitioner 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. 8.

Additionally it is directed that the Petitioner shall appear before the jurisdictional police station of the learned Court in seisin once every week till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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