Rabindra Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5614 of 2022 Rabindra Naik ....

Petitioner Mr. B.K. Ghadei, Advocate -versusState of Odisha and others ....

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

ORDER

04.08.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 3.

Mr. A.C. Rath and associates have appeared on behalf of the informant, filed Vakalatnama is taken on record. Name of Mr. Rath be indicated in the brief.

4.

The petitioner is an accused in Spl. G.R. Case No.148 of 2021, on the files of learned ADJ Cum Spl Court, POCOS Act, Cuttack, arising out of Banki P.S. Case No.312 of 2021, under Sections 363/366/376(2)(n)/376(3) of IPC and Section 6 and 17 of the POCSO Act.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Court and POCSO Act, Cuttack, by order dated 17.05.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C. statement of the victim and in the affidavit filed by the informant- father of the victim, it is stated that he has no objection if the petitioner is released on bail. 7.

Considering the tenor of such statement and the affidavit filed by the father of the victim as referred to above, 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.

Accordingly, the BLAPL stands disposed of.

9.

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