Lingaraj Nimulia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7062 of 2022 Lingaraj Nimulia ....

Petitioner Mr. A.K. Das, Advocate -versusState of Orissa ....

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

ORDER

20.09.2022 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.

The petitioner is accused in Seskhal P.S. Case No.350 of 2021 dtd. 25.09.2021 corresponding to C.T. Case No.338/87 of 2021, pending before the Court of the learned Additional Sessions Judge(F.T.S.C.), Kalahandi, Bhawanipatna, for alleged commission of offences under Sections 366/376(2)(n) of the IPC read with Section 6 of POCSO Act and Section 3(2)(v) of the SC & ST Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Adhoc Additional District & Sessions Judge(F.T.S.C.), Kalahandi, Bhawanipatna, by order dated 27.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the State that notice has been served on 27.08.2022. There is no appearance on behalf of the informant/victim.

6.

Taking into account the tenor of the 164 Cr.P.C. statement and keeping in view the filing of charge-sheet and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the 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 Ayesha