Shakti Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6865 of 2022 Shakti Naik ....

Petitioner Mr. R.K. Mahapatra, Advocate -versusState of Odisha and another ....

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

ORDER

16.09.2022 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.

Learned counsel for the State on instruction submits that notice has been served on the informant/victim on 07.08.2022. 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.59 of 2022, pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Angul arising out of Angul Sadar P.S. Case No.426 of 2022, offence under Sections 376(3) & 376(2)(n) of IPC read with Section 6 of the POCSO Act and is in custody since 15.06.2022.

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 11.07.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Taking into account his period of custody and filing of charge sheet in the meanwhile, 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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