Madana Gadaba v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4562 of 2021 Madana Gadaba ....

Petitioner Mr. M Padhy, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.06.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in T.R. Case No.97 of 2020, on the files of learned Additional Sessions Judge, Jeypore, DistKoraput, arising out of Jeypore Mahila P.S. Case No.51 of 2020, under Sections 366/368/376(2)(n)/376(3) of the IPC read with Section 6 (4)(2) of POCSO Act and is in custody since 27.09.2020. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the Additional Sessions Judge-Special Judge, Jeypore, by order dated 15.03.2021 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the State submits that the notice of this application has already been served on the informant. But there is no appearance on behalf of the informant when the matter is called. 6.

Perused the 164 statement.

7.

Considering the tenor of the same and taking into account that the petitioner is in custody since 27.09.2020, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin of the matter. The learned Court in seisin over the matter to fix the terms.

8.

Accordingly, the BLAPL stands disposed of.

9.

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