S.Chandan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6548 of 2022 S. Chandan ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

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

ORDER

27.09.2022 Order No.

03.

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 has been served on 16.09.2022. There is no appearance on behalf of the victim/informant when the matter is called. 4.

The petitioner is an accused in T.R. Case No.10 of 2022 pending in the file of learned Additional Sessions-cum-Special Judge, Jeypore, arising out of Boriguma P.S. Case No.212 of 2021, offence under Sections 366/376(2)(n)/376(3) of IPC red with Section 4 and 6 of the POCSO Act and is in custody since 13.01.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-Spl. Judge, Jeypore by order dated 21.03.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Taking into account the petitioner is in custody since 13.01.2022 and charge sheet has been filed on 04.02.2022, 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. 8.

Accordingly, the BLAPL stands disposed of.

9.

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