Chandan @ Chikun Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6320 of 2022 Chandan @ Chikun Bhoi ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha and another ....

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

ORDER

06.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

Learned counsel for the State on instructions submits that notice of the application was served on the victim/informant on 01.09.2022.

4.

There is no appearance on behalf of the informant/victim when the matter is called.

5.

The petitioner is an accused in C.T. Case No.71 of 2022 pending in the file of learned Additional District & Sessions Judgecum-Spl. Court under POCSO Act, Deogarh, arising out of Deogarh P.S.

Case No.38 of 2022, offence under Sections 363/376(2)(n)/376(3) of IPC read with Section 4(2)/6 of the POCSO Act and is in custody since 16.01.2022.

6.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions-cum-Spl. Judge, Deogarh by order dated 02.06.2022 in the aforementioned case, the present BLAPL has been filed.

7.

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

Considering the tenor thereof and keeping in view the filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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