Hapun @ Sumarendra Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2990 OF 2021 Hapun @ Sumarendra Patra .........

Petitioner Mr. B.N. Mahapatra, Advocate -versusState of Odisha & Another ............

Opposite Parties Mr. P. Mohapatra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

17.05.2022 Order No.

06.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T. Case No. 1614 of 2020 corresponding to C.T. Spl. Case No. 17 of 2020 arising out of Jajpur Road P.S. Case No. 448 of 2020, pending on the file of the learned Addl. District Judge-cum-Special Judge, Jajpur for the alleged commission of offence under Sections363/376(2)(n)/ 294/323/34 of the IPC read with Section-6 of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. District Judge-cumSpecial Judge, Jajpur by Order dtd. 23.03.2021 in C.T. Spl (POCSO) No. 138 of 2020, the present BLAPL has been filed.

4.

Heard Mr. B.N. Mohapatra, learned counsel for the petitioner and Mr. P. Mohapatra, learned Additional Standing Counsel for the State.

6.

From Order dtd. 27.07.2021 of this Court it is seen that notice is sufficient on the informant. There is no appearance on behalf of the informant when the matter is called. 7.

Perused the 164 Cr.P.C statement of the victim and taking into account the tenor of the same and being cognizant of the fact that, the petitioner is in custody since 23.02.2021, trial has not commenced, 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, so as to ensure that the appearance of the present petitioner on each date of trial.

8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge