Nandi Kisan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3842 OF 2022 Nandi Kisan .........

Petitioner Mr. U.C.Jena, Adv.

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

Opposite Party Mr.A.Pradhan, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

5.08.2022 Order No.

02.

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 Spl. G.R. Case No. 32 of 2021 arising out of Reamal P.S. Case No. 226 of 2021, pending on the file of the learned Addl. Sessions Judge-cum-Special Judge, Deogarh for the alleged commission of offence under Section 376(2)(n) of the I.P.C. and Sec.6 of the POCSO Act 4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned ADJ-cum-Spl. Judge, Deogarh by Order dtd.31.01.2022, the present BLAPL has been filed.

5.

Perused the 164 Cr.P.C. statement of the victim. 6.

It is submitted that in the meanwhile Charge-sheet has been filed on 17.12.2021.

7.

Considering the tenor of 164 Cr.P.C. statement, the Petitioner being in custody since 25.10.2021 and the trial has not commenced, this Court directs the petitioner to be released on bail. The 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