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Orissa High Court

Debashish Behera vs State Of Odisha .... Opposite Party on 19 April, 2023

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.1525 of 2023

             Debashish Behera                   ....                  Petitioner
                                                  Mr. B.K. Ragada, Advocate
                                          -versus-

             State of Odisha                    ....             Opposite Party
                                                        Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

19.04.2023 Order No.

03. 1. It is submitted by the learned counsel for the State, on instruction, that the notice has been served on the victim/informant on 15.03.2023. In spite of service of notice, no one appears on behalf of the victim/informant.

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

3. The Petitioner is an accused in C.T. (Special) POSCO No.83 of 2022 pending on the file of learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Jajpur, arising out of Kuakhia P.S. Case No.229 of 2022 for commission of the offence under Sections 363/366/376(2)(n)/376(3) IPC and Section 4(2)/6 of the POCSO Act and Section 75 of the Juvenile Justice Act.

4. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. District & Sessions Judge-

cum-Special Court under POCSO Act, Jajpur, by order dated 15.09.2022 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioner is in custody since 25.07.2022 and as charge sheet has been filed on 31.08.2022, his further continuance in custody is not warranted.

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

7. Perused the statement of the victim recorded under Section 164 Cr.P.C.

8. Considering the tenor thereof and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

9. Additionally it is directed that the Petitioner shall not leave the jurisdiction of the learned Court in seisin without its express permission and 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.

10. Accordingly, the BLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge PKS Page 2 of 2