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Orissa High CourtBLAPL/6529/2022allowed

Baba @ Naresh Kumar Singh v. State Of Odisha

2022-09-29Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6529 of 2022 Baba @ Naresh Kumar Singh ....

Petitioner Mr.R.R. Mishra, Advocate -versusState of Odisha ....

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

ORDER

29.09.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

Mr. S.K. Nayak, learned counsel has filed a vakalatanama on behalf of the Informant in Court today. The same is taken on record.

3.

Heard learned counsel for the Petitioner, learned counsel for the State and the learned counsel for the Informant. 4.

The Petitioner is an accused in Special Case No.77 of 2021 pending in the file of learned Addl. District Judge-cum-Special Judge, Balasore, arising out of Bamapada (Industrial Area) P.S. Case No.57 of 2022, for offence under Sections 363/376(2)(n)/376(3) IPC and Section 6 of the POCSO Act. 5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District Judge-cum-Special Judge, Balasore by order dated 07.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

7.

Learned counsel for the Informant submits that the Informant was of impressionable age and she was lured by the Petitioner for relationship and opposes the prayer for bail. 8.

Considering the statement of the victim recorded under Section 164 Cr.P.C and the Petitioner is in custody and filing of the charge sheet, 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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