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Orissa High CourtBLAPL/6324/2022allowed

Akhya @ Akshay Nag v. State Of Odisha

2022-09-06Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6324 of 2022 Akhya @ Akshay Nag ....

Petitioner Mr. U. Barik, Advocate -versusState of Odisha ....

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

ORDER

06.09.2022 Order No.

01.

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 02.08.2022.

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.57 of 2022 (POCSO) pending in the file of learned Additional Sessions Judgecum-Special Court under POCO Act, Bhawanipatna, arising out of Biswanathpur P.S. Case No.36 of 2022, offence under Sections 363/366/376/376(2)(n)/376(3) IPC read with Section 6 of the POCSO Act.

6.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Court under POCSO Act, Bhawanipatna by order dated 21.06.2022 in the aforementioned case, the present BLAPL has been filed.

7.

Taking note of the recitals in 164 Cr.P.C. statement and keeping in view that investigation has progressed substantially, this Court directs the petitioner to be released on bail on such terms to be fixed by the 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