Santosh Patra @ Trilochan Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6458 of 2022 Santosh Patra @ Trilochan Patra ....

Petitioner Mr. B.R. Tripathy, Advocate -versusState of Odisha ....

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

ORDER

02.11.2022 Order No.

04.

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 instruction submits that notice has already been served on the informant/victim on 08.09.2022.

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

4.

The petitioner is an accused in T.R. Case No.04 of 2022, pending in the file of learned Additional Sessions Judge-cumSpecial Court under POCSO Act, Rayagada, arising out of Chandrapur P.S. Case No.22 of 2022, for alleged commission of offence under Sections 363/365/376(2)(n)/376(3)/34 of IPC read with Section 6 of the POCSO Act and is in custody since 11.02.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-

Special Court under POCSO Act, Rayagada by order dated 17.06.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the order of rejection.

7.

Considering the submissions of the learned counsel for the petitioner and learned counsel for the State, this Court is not inclined to entertain this bail application at this stage. 8.

The bail application stands disposed of giving liberty to the petitioner to renew his prayer after examination of the victim and same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 9.

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