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Orissa High CourtBLAPL/462/2021allowed

Ruhya Singh v. State Of Odisha

2022-05-09Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 462 of 2021 Ruhya Singh ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opposite Party Ms. S. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

09.05.2022 Order No.

10.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in Special Case No.295 of 2020, on the files of learned Additional Sessions Judge-cumSpecial Judge, Balasore, arising out of Nilagiri P.S. Case No.375 of 2020, under Sections 376(1)/354(B)/506 of I.P.C. read with Section 4 of the POCSO Act and is in custody since 07.11.2020. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Shri G.P. Mohapatra, Special Judge, Balasore, by order dated 20.11.2020 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the 164 Cr.P.C. Statement of the Victim and on query of the Court with reference to the charge sheet, it is submitted that no offence under the I.T. Act has been registered.

6.

On a conspectus of materials on record and taking into account that the petitioner is in custody since 07.11.2020, this Court directs the petitioner to be released on bail, on such terms to be fixed by the learned Court in seisin over the matter. 7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi