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Orissa High Court

Bhua @ Budhia Bindhani vs State Of Odisha .... Opposite Party on 11 April, 2023

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 1530 of 2023

             Bhua @ Budhia Bindhani               ....                  Petitioner
                                                       Mr. R.K. Das, Advocate
                                            -versus-

             State of Odisha                      ....           Opposite Party
                                                       Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH

                                          ORDER

11.04.2023 Order No.

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

2. Learned counsel for the State, on instruction, submits that notice has been served on the informant/victim on 23.03.2023 indicating therein that the matter shall be taken up on today (11.04.2023). There is no appearance on behalf of the informant/victim when the matter is called.

3. The petitioner is an accused in connection with Special G.R. Case No.123 of 2022, pending in the Court of the learned Additional District Judge-cum-Special Court under POCSO Act, Cuttack, arising out of CDA Phase II P.S. Case No.95 of 2022 for commission of alleged offences under Sections 363/341/506/376(AB)/376(2)(n) of IPC read with Section 6 of POSCO Act.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court under Page 1 of 2 POCSO Act, Cuttack, by order dated 10.01.2023 in the aforementioned case, the present BLAPL has been filed.

5. Learned counsel for the petitioner submits that he does not want to press the I.A. No.359 of 2023.

6. Accordingly, the I.A. stands disposed of as not pressed.

7. Taking into account the nature of allegations and the statement of the victim, this Court is not inclined to entertain this bail application at this stage.

8. Accordingly, the BLAPL stands disposed of.

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



                                                           (V. NARASINGH)
Santoshi                                                        Judge




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