Batua @ Niranjan Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6756 of 2022 Batua @ Niranjan Rout ....

Petitioner Mr. C. Pattnaik, Advocate -versusState of Odisha ....

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

ORDER

13.10.2022 Order No.

03.

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 on instruction submits notice has been served on the informant/victim on 03.10.2022. There is no appearance on behalf of the informant/victim when the matter is called.

4.

The petitioner is an accused in connection with Special Case No.18 of 2022, pending in the Court of learned Special Judge, Balasore arising out of Khantapada P.S. Case No.10 of 2022, for alleged commission of offences under Sections 376AB/ 294/ 323/ 506/34 of IPC and read with Section 6 of POCSO Act and is in custody since 16.01.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Balasore by order

dated 06.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

On perusal of the 164 Cr.P.C. statement of victim who is aged about four years, this Court is not inclined to entertain this bail application.

7.

Accordingly the BLAPL stands rejected.

8.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi