Sujit Durga vs State Of Odisha .... Opposite Party on 17 April, 2023

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Orissa High Court

Sujit Durga vs State Of Odisha .... Opposite Party on 17 April, 2023

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.630 of 2023

             Sujit Durga                            ....                      Petitioner
                                                              Mr. J. Panda, Advocate
                                            -versus-

             State of Odisha                        ....                 Opposite Party
                                                         Mr. A. Pradhan, ASC
                                                Mr. A.K. Das, Adv. (Informant)

                                CORAM: JUSTICE V. NARASINGH

                                           ORDER

17.04.2023 Order No.

04. 1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.

2. 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 offence under Sections 363/376(2)(3)/34 IPC and Section 4 of the 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-Special Court under POCSO Act, Bhawanipatna, by order dated 20.12.2022 in the aforementioned case, the present BLAPL has been filed.

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4. It is submitted by the learned counsel that the Petitioner is in custody since 25.11.2022 and as charge sheet has been filed on 19.1.2023, his further continuance in custody is not warranted.

5. Learned counsel for the State and the Informant oppose the prayer for bail.

6. Perused the statement of the victim recorded under Section 164 Cr.P.C, which is taken on record.

7. 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.

8. 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.

9. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Judge PKS Page 2 of 2

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