Nikhel Purti @ Mikhel Purty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5904 OF 2021 Nikhel Purti @ Mikhel Purty .........

Petitioner Mr. D.P. Mishra, Advocate -versusState of Odisha & Anr.

............

Opposite Parties Mr. D.Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

28.03.2022 Order No.

06.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with Special G.R. Case No. 429 of 2020 corresponding to Mahulpali P.S. Case No. 176 of 2020, pending on the file of the learned Addl. Sessions Judge-Cum-Special Judge (under POCSO) Act, Sambalpur, for the alleged commission of offence under Sections-366/376(3)/506 of the I.P.C. and Sectuion-6 of POCSO Act and is in custody since 11.12.2020. 3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions JudgeCum-Special Judge(POCSO), Sambalpur by Order dtd. 11.01.2021, the present BLAPL has been filed.

4.

Heard Mr. D.P. Mishra, learned counsel for the petitioner and Mr. D. Mund, learned Additional Government Advocate for the State.

5.

Learned counsel for the State on instruction submits that, notice of this application has been served on the informantOpposite Party No.2. 6.

It is seen that the victim has already been examined as P.W.1.

7.

Taking into account the period of custody since 11.12.2020 and being cognizant of the fact that the victim has already been examined, this Court directs that the petitioner shall be released on bail in connection with Special G.R. Case No. 429 of 2020 corresponding to Mahulpali P.S. Case No. 176 of 2020, pending on the file of the learned Addl. Sessions JudgeCum-Special Judge (under POCSO) Act, Sambalpur, on such terms to be fixed by the learned Court in seisin of the matter. 8.

The Bail Application thus stands disposed of. 9.

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