Asish Kindo @ Asis Kindo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6424 of 2022 Asish Kindo @ Asis Kindo ....

Petitioner Mr. S. Dwibedi, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

07.09.2022 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.

The petitioner is accused in Special G.R. Case No.5 of 2020 arising out of Deogarh P.S. Case No.99 of 2020, pending on the file of the learned Additional Sessions Judge-cum-Special Judge, Deogarh, for alleged commission of offences under Section 376(3)/506 of IPC read with Section 6 of POCSO Act. 4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Deogarh, by order dated 03.06.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Learned counsel for the State submits that on 25.08.2022 notice has been served on the informant/victim, there is no appearance when the matter is called.

6.

Perused the 164 Cr.P.C statement of the victim and the statement of the witnesss Gobinda Minj, Sahaya Minj and Handa.

7.

Considering the statement of the witnesses and since charge-sheet has stated to have been filed, 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 Ayesha