Sarbesar Pradhan @ Tapu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6655 of 2022 Sarbesar Pradhan @ Tapu ....

Petitioner Mr. B.B. Routray, Advocate -versusState of Odisha ....

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

ORDER

26.08.2022 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 Chandpur P.S. Case No.63 of 2022 corresponding to Special G.R. Case No.73 of 2022, pending before the Court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh, under Sections 363/366/376(3)/109/34 of IPC read with Sections 4, 6 & 17 of the Arms 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 Court under POCSO Act, Nayagarh, by order dated 07.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the State on instruction submits that notice to the informant was served on 16.08.2022, there is no

appearance on behalf of the informant/victim when the matter is called.

6.

Taking into account the tenor of the 164 Cr.P.C. statement by the learned counsel for the State and keeping in view that the petitioner is in custody since 07.06.2022 and charge-sheet has been filed on 04.08.2022 as stated by the learned counsel for the Petitioner on instruction, this Court directs the petitioner to be released on bail on terms to be fixed by the 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 Ayesha