Akash Deep vs State Of Odisha .... Opposite Party on 8 September, 2023

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Orissa High Court

Akash Deep vs State Of Odisha .... Opposite Party on 8 September, 2023

Bench: V. Narasingh

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No. 9447 of 2023

             Akash Deep                          ....                    Petitioner
                                                      Mr. A. Pradhan, Advocate
                                          -versus-

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

                               CORAM: JUSTICE V. NARASINGH
                                            ORDER

08.09.2023 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in connection with Spl. G.R. Case No.13 of 2023, pending before the Court of the learned Addl. Sessions Judge-Cum-Spl. Court(under POSCO Act), Sambalpur, arising out of Sason P.S. Case No.89 of 2023 for alleged commission of offences under Sections 366/376(2)(n) of IPC r/w Section 6 of POCSO Act.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Spl. Court(under POCSO Act), Sambalpur by order dated 03.08.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 10.05.2023 and as charge sheet has been filed on 07.07.2023, further continuance of the Petitioner in custody is not warranted.

5. Learned counsel for the State opposes the prayer for bail.

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

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7. 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.

8. Additionally, it is directed to the Petitioner that he shall not threaten the victim and/or her family members. It shall be open to the victim to seek variance of this order in the event there is any threat perception.

9. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 11-Sep-2023 11:17:00 Page 2 of 2

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