Naresh Uthansingh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7117 of 2022 Naresh Uthansingh ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC Mr. B.K. Mishra, Adv (informant) CORAM: JUSTICE V. NARASINGH

ORDER

21.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 3.

The petitioner is an accused in C.T. Case No.34 of 2022 pending in the file of learned Additional District & Sessions Judgecum-Special Judge, (POCSO), Phulbani, arising out of Bamunigaon P.S. Case No.49 of 2022, offence under Sections 376(3)/325 of IPC read with Section 4(2)/6(1) of POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-Special Judge, (POCSO), Phulbani by order dated 29.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage. 6.

It shall be open to the petitioner to move this Court after filing of charge sheet and same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

7.

Accordingly, the BLAPL stands disposed of.

8.

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