Guru @ Somanath Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12128 of 2022 Guru @ Somanath Behera ....

Petitioner Mr. Amlan Shakti Paul, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.268 of 2022 arising out of Tangi P.S. Case No.246 of 2022 pending in the Court of learned Additional Sessions Judge (POCSO), Bhubaneswar (Circuit Court at Khurda) for offences punishable under sections 363/366/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act.

The prayer for bail of the petitioner was rejected by the learned Special Judge (POCSO) -cum- Additional Sessions Judge, Bhubaneswar (Circuit Court at Khurda) vide order dated 22.11.2022.

// 2 // Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 12.07.2022 and in the meantime, trial has already commenced and the victim has been examined in the trial Court as P.W.1 and after going through the evidence of the victim and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM