Siba @ Bhoi Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6904 of 2022 Siba @ Bhoi Sethi ....

Petitioner Mr. A. Tripathy, Advocate -versusState of Odisha ....

Opposite Party 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 G.R. Case No.70 of 2022, pending in the file of learned Additional Sessions Judge-cumSpecial Judge under POCSO Act, Nayagarh arising out of Daspalla P.S.

Case No.38 of 2022, offence under Sections 363/366/376(2)(n)/376(3)/506 of IPC read with Section 6 of the POCSO Act and is in custody since 28.05.2022. 5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Spl. Judge under

POCSO Act, Nayagarh, by order dated 30.06.2022 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