Dullabha Sunani @ Dullabha Harijan @ Sunani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11136 of 2022 Dullabha Sunani @ Dullabha Harijan @ Sunani ....

Petitioner Mr. S. Dwibedi, Advocate -versusState of Odisha ....

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

ORDER

14.12.2022 Order No.

01.

1.

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

2.

The petitioner is an accused in C.T. Case No.529/46 of 2022 (POCSO), pending in the file of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, arising out of Bhawanipatna Sadar P.S. Case No.163 of 2022, for commission of alleged offences under Sections 363/366 of the IPC read with 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 Additional Sessions Judge-cum-Spl. Court under POCSO Act, Bhawanipatna by order dated 14.07.2022 in the aforementioned case, the present BLAPL has been filed. 4.

It is submitted by the learned counsel for the petitioner that petitioner is in custody since 05.05.2022 and charge sheet has already been filed on 30.06.2022, further continuance of the petitioner in custody is not warranted.

5.

Perused the 164 Cr.P.C. statement of the victim which is on record.

6.

Considering the tenor thereof and taking into account the 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 over the matter.

7.

Accordingly, the BLAPL stands disposed of.

8.

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

(V. NARASINGH) Judge Santoshi