Rushi @ Rushava Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6720 of 2022 Rushi @ Rushava Naik ....

Petitioner Mr. M.K. Sahu, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.K. Maharaj, 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 and learned counsel for the informant. 3.

It is submitted by the learned counsel for the State that notice has been served on 08.08.2022. There is no appearance on behalf of the informant/victim when the matter is called. 4.

The petitioner is an accused in Special (POCSO) Case No.66 of 2022, pending in the file of learned Additional District & Sessions Judge-cum-Speical Court undere POCSO Act, Angul, arising out of Chhendipada P.S. Case No.313 of 2022, under Sections 342/376-AB/511/506 of IPC read with Section 8 of the POCSO Act.

5.

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

POCSO Act, Angul by order dated 06.07.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Perused the 164 Cr.P.C. statement of the victim who is aged about 11 years.

7.

Considering the tenor thereof and the manner in which the offence has been committed, this Court is not inclined to entertain this bail application at this stage.

8.

It shall be open to the petitioner to renew his prayer after examination of the victim.

9.

Accordingly, the BLAPL stands disposed of.

10.

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