Abhishek Swain @ Abhisek Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 918 of 2022 Abhishek Swain @ Abhisek Swain ....

Petitioner Ms. Aditi Hota, Advocate -Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 04.02.2022 1.

This matter is taken up through virtual mode. Order No.

1.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner has been arrested in connection with Chhendipada PS Case No. 26 of 2022 corresponding to Special (POCSO) Case No. 09 of 2022 pending in the court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Angual for the alleged commission of offence under Sections 363/366(A)/376(2)(n)/312/506 of IPC read with Section 6 of POCSO Act.

4.

Considering the nature of allegations and the availability of materials prima facie in support thereof, I am not inclined to allow the prayer for fail, which is therefore rejected. It is open to the petitioner to renew his prayer after submission of charge sheet. 5.

The BLAPL is accordingly rejected.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge B.C. Tudu