Orissa High Court
Bapun @ Ajit Das vs State Of Odisha .... Opposite Party on 31 January, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 593 of 2023
Bapun @ Ajit Das .... Petitioner
Mr. S.N. Mishra (4), Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
31.01.2023 Order No.
01. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in Special (POSCO) Case No.89 of 2022 pending in the file of learned Additional District and Sessions Judge-cum-Special Court under POCSO Act, Bhadrak, arising out of Bansada P.S. Case No.377 of 2022 for commission of offence under Section 363/366/354-B of IPC read with Section 8 of the POCSO Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Spl. Court under POCSO Act, Bhadrak by order dated 20.12.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted that the petitioner is in custody since 18.11.2022 and as charge sheet has been filed on 23.12.2022, further continuance of the petitioner in custody is not warranted.
Page 1 of 25. Learned counsel for the State opposes the prayer for bail before the examination of the victim.
6. This Court perused the 164 Cr.P.C. statement of the victim which is on record.
7. Considering the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure his presence on each date of trial.
8. Accordingly, the BLAPL stands disposed of.
9. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Santoshi Page 2 of 2