Rakesh Kumar Mahato vs State Of Odisha .... Opposite Party
2023 Latest Caselaw 15617 Ori

Orissa High Court

Rakesh Kumar Mahato vs State Of Odisha .... Opposite Party on 5 December, 2023

Author: Savitri Ratho

Bench: Savitri Ratho

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   BLAPL No. 10960 of 2023

            Rakesh Kumar Mahato                         ....          Petitioner
                                                     Mr. D.K. Rath, Advocate
                                          -versus-
            State of Odisha                           ....    Opposite Party
                         Mr. S.S. Pradhan, Additional Government Advocate

                          CORAM:
                          JUSTICE SAVITRI RATHO
                                         ORDER

Order No. 05.12.2023

03. (Through Hybrid Mode)

1. Heard Mr. D.K. Rath, learned counsel appearing for the Petitioner and Mr. S.S. Pradhan, learned Additional Government Advocate (AGA) for the State.

2. This is an application under Section 439 of Cr. P.C. for grant of bail to the Petitioner in connection with Rengali P.S. Case No.62 of 2023 corresponding to C.T. Spl. Case No. 25 of 2023 pending in the Court of the learned ADJ-cum- Special Court, POCSO, Jharsuguda registered for commission of offences punishable under Sections 366, 376(3), 376(2)(n) of IPC read with Sections 4(2) and 6 of the POCSO Act.

3. The prayer for bail of the Petitioner has been rejected by the learned ADJ-cum- Special Court, POCSO, Jharsuguda on 09.08.2023.

4. It is seen that notice had been issued to the father of the victim girl. Mr. S.S. Pradhan, learned AGA submitted that after receipt of

notice, Opposite Party No.2 was present at the Rengali Police Station in order to address this Court when the matter was taken up. But when the matte was taken up today at 2 pm, it is found that due to some technical glitch, the informant has not been able to connect to the Court.

5. While I was inclined to adjourn the matter to fix another date to enable the informant to address this Court, Mr. D.K. Rath, learned counsel for the Petitioner submits that in the meanwhile, trial has been completed and vide judgment dated 17.11.2023, the Petitioner has been acquitted in C.T. Spl. Case No. 25 of 2023 by the learned ADJ-cum- Special Court, POCSO, Jharsuguda. Mr. Rath files an attested typed copy of the said judgment along with a memo. He states that he has downloaded the judgment from the website of the Court.

6. Considering the fact that as the Petitioner has already been acquitted, nothing remains to be decided in this bail application. The BLAPL is accordingly dismissed as infructuous.

7. Mr. S.S. Pradhan, learned AGA is directed to inform the informant about the disposal of the case against the Petitioner.

(Savitri Ratho) Judge S. Behera

Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-Dec-2023 17:20:57