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Orissa High CourtBLAPL/6644/2022allowed

Anil Karuan v. State Of Odisha

2022-09-14Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6644 of 2022 Anil Karuan ....

Petitioner Mr. S.A. Pattnaik, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

14.09.2022 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.

Learned counsel for the State on instruction submits that notice has been served on 07.08.2022, there is no appearance on behalf of the victim/informant when the matter is called. 4.

The petitioner is an accused in C.T. Case No.29 of 2022, pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Bhawanipatna, arising out of Narla P.S. Case No.40 of 2022, under Section 363/366/376(3)/376(2)(n)/506 of IPC read with Section 4 of the POCSO Act and is in custody since 01.04.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Spl. Court under

POCSO Act, Bhawanipatna by order dated 13.04.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Keeping in view the allegations as leveled in the 164 Cr.P.C. statement, which are consequentially silent regarding the role played by the present petitioner, and filing of 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. 7.

Accordingly, the BLAPL stands disposed of.

8.

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