Mahes Yadav v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10798 of 2022 Mahes Yadav ....

Petitioner Mr. A. Mishra , Advocate -versusState of Odisha ....

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

ORDER

22.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with C.T. (Special) Case No.74 of 2022, pending in the Court of the learned ADJ-cum-PO Spl. Court under POCSO Act, Jharsuguda arising out of Jharsuguda P.S. Case No.547 of 2022, for commission of alleged offences under Sections 354A/354D of IPC read with Section 8 of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-PO Spl. Court under POCSO Act, Jharsuguda by order dated 15.10.2022 in the aforementioned case, the present BLAPL has been filed. 4.

It is submitted that the petitioner in custody since 23.09.2022 and as charge sheet has already been filed on 31.10.2022.

5.

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

6.

Considering the tenor thereof and punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to the condition that the petitioner shall not leave the jurisdiction of the Court in seisin without its express permission.

7.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial and shall not in any way try to contact or intimidate either the victim or her family.

8.

The liberty is granted to the family of the victim to seek variance of the order if there is any violation. 9.

Accordingly, the BLAPL stands disposed of.

10.

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

(V. NARASINGH) Judge Santoshi