Abu Hossain @ Abu Hossain Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6773 of 2022 Abu Hossain @ Abu Hossain Khan ....

Petitioner Mr. S.C. Mohapatra, Advocate -versusState of Odisha and another ....

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

ORDER

02.08.2022 Order No.

01.

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 Special (POCSO) Case No.31 of 2022, on the files of learned Adhoc Additional District Judge-cum-Special Judge, (F.T.S.C) Bhadrak, arising out of Bhadrak Town P.S. Case No.141 of 2022, offences under Section 376(2)(f)/506 of IPC and read with Section 4 of the Protection of POCSO Act and is in custody since 20.04.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Ad. hoc A.D.J.-cum-Spl. Judge (FTSC), Bhadrak, by order dated 02.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the 164 Cr.P.C. statement from record. 6.

Taking into account that charge sheet has been filed inter alia under Section 376 (2)(f) and Section 4 of POCSO Act 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

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