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Orissa High CourtBLAPL/3835/2022allowed

Surendra Sunani v. State Of Odisha

2022-08-12Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3835 OF 2022 Surendra Sunani .........

Petitioner Mr. T.K.Mishra, Adv.

-versusState of Odisha & another .........

Opposite Parties Mr.K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

12.08.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

Learned counsel on instruction submits that notice was served on 9.8.2022 but there is no appearance on behalf of the informant/victim when the matter is called.

3.

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

4.

The petitioner is an accused in connection with G.R. Case No. 59 of 2021 arising out of Jeypore Town P.S. Case No. 161 of 2021, pending on the file of the learned Addl. Sessions Judge-cum-Special Judge, Jeypore for the alleged commission of offence under Sections 363/ 366/ 376(2)(n)/ 376(3) of the I.P.C. and Sections 4(2)/6 of the POCSO Act. 5.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge-

Special Judge, Jeypore by Order dtd.23.03.2022, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Taking into account the petitioner is in custody since 15.07.2021 and the Charge-sheet has already been filed, 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. 8.

The BLAPL thus stands disposed of.

9.

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