Asit Kispotta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6710 OF 2022 Asit Kispotta .........

Petitioner Mr.D .K.Mohapatra, Adv.

-versusState of Odisha& another ............

Opposite Party Mr.A.Pradhan, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

2.08.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is a CCL. He is an accused in connection with Spl. G.R. Case No. 124 of 2019 arising out of Bramhanitarang P.S. Case No. 180 of 2019, pending on the file of the learned Addl. District Judge-cum-Presiding Officer, Children's Court, Sundargarh, for the alleged commission of offence under Sections 363/376-DA/506 of the I.P.C. and Sec.6 of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. District Judgecum-Presiding Officer, Children's Court, Sundargarh, by Order dted 2.04.2022, the present BLAPL has been filed. 4.

It is submitted by learned counsel for the petitioner that other co-accused persons who faced trial in the court of learned Addl. District Judge-cum-Presiding Officer, Children's Court,

Sundargarh were acquitted vide judgment dated 4.05.2022 in Trial No. 61 of 2021(Special G.R.Case No.56 of 2019). 5.

The petitioner being a CCL, trial of the case is pending before the learned Addl. District Judge-cumPresiding Officer, Children's Court, Sundargarh 6.

Considering the order of acquittal passed in respect of the co-accused persons, 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 so as to ensure his presence in each date of trial.

7.

The BLAPL thus stands disposed of.

8.

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