Dula Sabar vs State Of Odisha

V. Narasingh, J

The informant has joined through VC being facilitated by an IIC Prasanna Kumar Behera, Koksara police station. On being asked, the informant submits that she objects the bail application being granted to the petitioner.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with C.T. Case No.281/100 of 2022, pending in the Court of the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna, arising out of Koksara P.S. Case No.249 of 2022, for alleged commission of offences under Sections 363/366/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, by order dated 03.11.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the petitioner is in custody since 12.10.2022 and as charge sheet has been filed on 29.11.2022, he may be released on bail.

Learned counsel for the State opposes the prayer for bail.

Perused the 164 Cr.P.C. statement of the victim.

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.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.

It is further directed that the petitioner shall not in any way try to intimidate the victim and her family.

It shall be open to the victim and her family to seek variance of this order, in case there is any threat perception.

Accordingly, the BLAPL stands disposed of.

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

………………………..