Ratnakar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6717 of 2022 Ratnakar Nayak ....

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

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

ORDER

28.09.2022 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.

The petitioner is an accused in T.R. Case No.05 of 2022, pending in the file of learned Additional Sessions Judge-cum-Spl. Judge, Jeypore, Dist-Koraput, arising out of Jeypore Mahila P.S. Case No.95 of 2021, alleged offence under Sections 363/376(2)(n)/ 376(3)/294/506 of IPC read with Section 4(2)/6 of the POCSO Act and is in custody since 19.11.2021.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Spl. Judge, Jeypore, Dist-Koraput by order dated 06.06.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner relying on the final form which is on record that the charge sheet

has been filed inter alia under Section 376(2)(n)/366/363 and 6 of the POCSO Act.

6.

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

Taking into account filing of the charge sheet and the tenor of the statement of the victim, 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