Orissa High Court
Khageswar Chhatria @ Bilu vs State Of Odisha .... Opposite Party on 8 September, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8054 of 2023
Khageswar Chhatria @ Bilu .... Petitioner
Mr. J. Panda, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
08.09.2023 Order No.
03. 1. Mr. R.K. Nayak, learned counsel appears on behalf of the Informant through DLSA. He undertakes to file vakalatanama in Course of the day.
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.113 of 2022 (POCSO) pending on the file of learned Addl. Sessions Judge-cum- Special Court under POCSO Act, Bhawanipatna, arising out of Koksara P.S. Case No.292 of 2022 for commission of the alleged offence under Sections 363/366/376(DA)(3) IPC and Section 6 of the 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-Special Court under POCSO Act, Bhawanipatna by order dated 14.07.2023 in the aforementioned case, the present BLAPL has been filed.
Page 1 of 25. It is submitted by the learned counsel that the Petitioner is in custody since 28.06.2023 and charge sheet has been filed on 19.01.2023 showing him as an absconder.
6. It is further submitted that the co-accused Sujit Durga has been released on bail by order dated 17.04.2023 in BLAPL No.630 of 2023. Hence, inter alia, on the ground of parity, the Petitioner seeks release.
7. Learned counsel for the State and Informant oppose the prayer for bail.
8. Perused the statement of the victim recorded under Section 164 Cr.P.C.
9. Considering the tenor thereof, filing of the charge sheet and release of the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
10. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin 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.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH)
Signature Not Verified
PKS Judge
Digitally Signed
Signed by: PRADEEP KUMAR SWAIN
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 11-Sep-2023 11:52:27
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