Soubhagya Rohidas v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12455 of 2022 Soubhagya Rohidas ....

Petitioner Mr.S.K. Jena, Advocate -versusState of Odisha .... Opp. Party Mr. Saswat Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.12.2022 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 for bail under section 439 of Cr.P.C. in connection with Padampur P.S.

Case No.

of corresponding to C.T. Case No. 42 of 2022 pending in the file of learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Bargarh for alleged commission of offences under sections 363, 376(2)(n), 325/34 of the Indian Penal Code and sections 6 and 17 of the POCSO Act.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Bargarh vide order dated 28.11.2022.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since

// 2 // 30.08.2022 and charge sheet has already been submitted against the petitioner under sections 363, 376(2)(n), 325/34 of the Indian Penal Code and sections 6 and 17 of the POCSO Act and the main allegation is against the co-accused Bhawani Ajgar and after going through the 164 Cr.P.C. statement of the victim placed by the learned counsel for the State and other materials available on record, 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 below may deem just and proper including the conditions that the petitioner shall not indulged in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo