Bagrubahan Benia @ Bagru @ vs State Of Odisha .... Opposite Party on 21 July, 2023

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Orissa High Court

Bagrubahan Benia @ Bagru @ vs State Of Odisha .... Opposite Party on 21 July, 2023

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No.5905 of 2023

             Bagrubahan Benia @ Bagru @            ....                   Petitioner
             Babru
                                                 Mr. S. N. Mishra(4), Advocate
                                            -versus-

             State of Odisha                       ....             Opposite Party
                                                        Mr. T.K. Praharaj, SC
                                              Mr. R.K. Mishra,Informant(Adv.)

                               CORAM: JUSTICE V. NARASINGH

                                          ORDER

21.07.2023 Order No.

03. 1. Mr. R.K. Mishra, learned counsel has entered appearance on behalf of the Informant by filing vakalatnama. The same is taken on record.

2. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the informant.

3. The Petitioner is an accused in C.T. Case No.118/27 of 2023 pending on the file of learned Additional Sessions Judge-Cum-Special Court under POCSO Act, Bhawanipatna arising out of Junagarh P.S. Case No. 119 of 2023 for commission of the offence under Sections 363/366/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act.

4. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-Cum-Spl. Judge Under POCSO Act, Bhawanipatna by order dated 15.05.2023 in the aforementioned case, the present BLAPL has been filed.

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5. It is submitted that the petitioner is in custody since 28.03.2023 and as charge sheet has been filed on 20.04.2023, further continuance of the petitioner in custody is not warranted.

6. Learned counsel for the State and learned counsel for the informant oppose the prayer for bail.

7. Perused the 164 Cr.P.C. statement of the victim. The same is taken on record.

8. 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.

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 Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 24-Jul-2023 20:14:19 Page 2 of 2

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