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Orissa High CourtBLAPL/6743/2022allowed

Sushanta Bisoi v. State Of Odisha

2022-09-15Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6743 of 2022 Sushanta Bisoi ....

Petitioner Mr. S. Dash, Advocate -versusState of Odisha ....

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

ORDER

15.09.2022 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.

It is submitted by the learned counsel for the State that notice has been served on the informant/victim on 09.08.2022, there is no appearance of on behalf of the informant/victim. 4.

The petitioner is accused in Jeypore Mahila P.S. Case No.76 of 2021 corresponding to T.R. Case No.66 of 2021, pending in the Court of the learned Adhoc. Additional Sessions Judge (FTSC), Jeypore, for the alleged commission of offences under Sections 363/366/376(2)(n)/376(3)/323/313 of IPC read with Section 4(2) and 6 of POCSO Act.

5.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Adhoc. Additional Sessions Judge (FTSC), Jeypore,, by order dated 27.06.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the order of rejection.

7.

Keeping in view that the petitioner is in custody since 20.09.2021 and non commencement of trial as stated at the Bar, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

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