Writ petition filed by an accused seeking bail in a POCSO case where the High Court declined to entertain the bail plea directly, directing the petitioner to renew the plea before the trial court.
Petitioner granted liberty to revive bail plea before trial court; petition dismissed.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.625 of 2024
Barun Behera …. Petitioner
Mr. Pradeep Kumar Das, Advocate
-versus-
State of Odisha & another
…. Opp. Parties Mr.J.P. Patra ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER
05.08.2024
1. The petitioner is an accused in connection with Nayakote P.S. Case No.90 of 2023 corresponding to Special G.R. Case No.69 of 2023 for the offences punishable under Sections- 376(2)(n)/376(3) IPC read with Section 6 of the POCSO Act pending in the Court of the learned Additional District & Sessions Judgecum-Special Judge under POCSO Act, Keonjhar.
2. Learned counsel for the petitioner, on instruction from the petitioner submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
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3. Vide order dated 09.01.2024, the trial Court has rejected the bail application of the petitioner for which the petitioner has approached this Court.
4. Learned counsel for the petitioner hands up the evidence of the prosecutrix recorded on 19.02.2024. During the currency of the trial, since the material witnesses have already been examined, the petitioner should ideally approach the Court of the first instance by renewing his bail plea.
5. Therefore, at this stage, I am not inclined to entertain the present petition. Rather granting liberty to the petitioner to revive his bail plea before the trial Court in view of the changing circumstances.
6. With the aforementioned observation, the BLAPL is disposed of.
(S.S. Mishra)
Judge
Subhasis
Signature Not Verified
Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 07-Aug-2024 10:46:43
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Barun Behera
State of Odisha
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
