Harendranath Sarkar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1285 OF 2021 Harendranath Sarkar .........

Petitioner Mr. R.L.Pattnaik, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

04.04.2022 Order No.

10.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioner is an accused in connection with Malkangiri P.S. Case No. 456 of 2020 corresponding to Special T.R.Case No.56 of 2020 on the file of learned Additional Sessions Judge-cum-Special Judge, Malkangiri, under Sections 370/370A/366-A/372/373/376-3/342/34 I.P.C. read with Sections 4, 5, 6 & 7 of the Immoral Traffic (Prevention) Act, 1956 and 6/17 POCSO Act and Sections 66-E/67-B of I.T. Act, and is in custody since 23.08.2021.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Additional Sessions Judgecum-Special Judge, Malkangiri by order dated 9.02.2021 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the statement of the victim examined as P.W.5, wherein she has resiled from her accusation.

6.

Taking into account that the petitioner is in custody since 23.08.2021 and the victim has already been examined as stated, this Court directs that the Petitioner to be released on bail on such terms to be fixed by the Court in seisin of the matter including that the Petitioner shall attend on each date of trial. 7.

Accordingly, the BLAPL is disposed of.

8.

Issue urgent certified copy of this order as per rules. ( V.Narasingh ) Judge Dhal