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Judgment
13 paragraphs · 273 wordsV. Narasingh, J
Mr. S.K. Das, learned counsel has entered appearance on behalf of the Informant by filing Vakalatanama in Court. The same is taken on record.
Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.
The Petitioner is an accused in G.R. Case No.992 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Koraput at Jeypore, arising out of Semiliguda P.S. Case No.137 of 2022 for commission of the offence under Sections 376(2)(n)/376(3)/323/506/34 IPC and Section 4/6 of the POCSO Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Special Court under POCSO Act, Jeypore, by order dated 21.10.2022 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 22.09.2022 and as charge sheet has been filed on 31.10.2022, his further continuance in custody is not warranted.
Learned counsel for the State and learned counsel for the Informant oppose the prayer for bail.
Perused the statement of the victim recorded under Section 164 Cr.P.C.
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.
It shall be open to the victim to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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