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IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7605 of 2022

Jayakrushna Behera

….

Petitioner

Mr. S.K. Joshi, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. K. Das, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

11.10.2022

Order No.

02.

1. The prayer for bail is under Sec.439 Cr.P.C. and the offences

alleged are under Secs.376/511, I.P.C. and Sections 8/18 of the

POCSO Act.

2. Heard Mr. S.K. Joshi, learned counsel for the Petitioner as

well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3. It is submitted on behalf of the Petitioner that he is inside

custody since 22.7.2019 and in the meantime though 9 witnesses

have been examined in course of trial, but neither the victim nor

her mother (the informant) could be examined despite repeated

attempts made by the court. It is further submitted that all such

witnesses examined have not supported prosecution case.

4. Upon hearing Mr. K. Das, learned Additional Standing

Counsel for the State-Opposite Party and considering the period

of detention of the Petitioner inside custody as well as delay in

examining star witnesses of the case, it is directed to release the

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Petitioner on bail in connection with Kantabanji P.S. Case

No.125/2019 corresponding to Special G.R. Case No.67/2019 on

such terms and conditions to be fixed by the learned Additional

District Judge-cum-Special Court under POCSO Act, Balangir or

the court in seisin over the matter, as he deems just and proper

including the condition that the Petitioner shall not dissuade any

witness directly or indirectly by way of inducement, threat or

promise acquainted with the facts of the case from disclosing

such facts before the court or tamper with the evidence, and shall

attend the trial court on each date fixed.

5. The BLAPL is disposed of.

6. An urgent certified copy of this order be granted on proper

application.

( B.P. Routray)

Judge

B.K. Barik