Litu @ Harisankar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4257 OF 2021 Litu @ Harisankar Rout .........

Petitioner Mr. R.Chhotaray, Adv.

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

Opposite Parties Mr. D.Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

04.04.2022 Order No.

05.

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 Special POCSO Case No. 62 of 2020 on the file of the learned Additional Sessions Judge-cum-Special Court under POCSO Act. Angul, corresponding to Angul P.S. Case No. 1018 of 2020 under Sections 363/366/368/376(2)(n)/376(3) of the IPC read with Sections 4(2) & 6(1) of the POCSO Act, and the Petitioner is in custody since 15.10.2020.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Additional Sessions Judgecum-Special Court under POCSO Act, Angul by order dated 5.04.2021, the present BLAPL has been filed.

5.

Learned counsel for the Petitioner submits that in view of the period in custody since 15.10.2020 and as Charge-sheet has

been filed on 13.12.2020, the Petitioner is entitled to be released on bail.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Perused the 164 Cr.P.C. statement of the victim. 8.

Considering the tenor of the statement and taking into account that the Charge-sheet has been filed, this Court is of the considered opinion that directing release of the Petitioner will not impede the trial.

9.

Hence, it is directed that the Petitioner shall be released on bail on such terms and conditions to be fixed by the court below in seisin over the matter.

10.

Accordingly, the BLAPL is disposed of.

11.

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