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Orissa High CourtBLAPL/5839/2022allowed

Ramesh Chandra Nag v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5839 OF 2022 Ramesh Chandra Nag .........

Petitioner Mr. Jnyanananda Panda, Adv.

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

Opposite Parties Mr.P.K.Moharaja, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

12.08.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

Learned counsel for the State on instruction submits that notice has been served on 12.07.2022, but there is no appearance on behalf of the informant/victim, when the matter is taken for consideration.

3.

Heard learned counsel for the parties.

4.

The petitioner is an accused in connection with C.T. Case No. 56 of 2021(Sessions) arising out of Lanjigarh P.S. Case No. 56 of 2021, pending on the file of the learned A.D.J.-cum-Special Court under POCSO Act, Bhawanipatna for the alleged commission of offence under Sections 363/ 366/ 376(2)(n)/376(3)/109/34 of the I.P.C. read with Sections 6/17 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-

cum-Special Court under POCSO Act, Bhawanipatna, by Order dtd.27.05.2022, the present BLAPL has been filed. 6.

Perused the 164 Cr.P.C. statement of the victim produced by the learned counsel for the State. 7.

On perusal of the said statement and keeping in view that the Charge-sheet has already been filed in the meanwhile, 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