Kanhu Charan Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7136 of 2022 Kanhu Charan Naik ....

Petitioner Mr. J.N. Panda, Advocate -versusState of Odisha ....

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

ORDER

16.09.2022 Order No.

03.

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 Lanjigarh P.S. Case No.34 of 2022 corresponding to C.T. Case No.664/63 of 2022, pending in the Court of the learned Additional District Judge-cum-Special Court under POCSO Act, Bhawanipatna, for the alleged commission of offences under Section 354-C/34 of IPC read with Section 12/14 of POCSO Act and Section 67(E) & 67(A) of I.T. Act and is in custody since 11.06.2022.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned A.S.J-cum-Special Court under POCSO Act, Bhawanipatna, by order dated 04.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that principal accused one Ranjit Jani has already been released on bail by this Court and also one Kailash Koushalya has been granted bail

by order dated 12.08.2022 in BLAPL No.7011 of 2022. Hence inter alia on the ground of parity he seeks release of the petitioner. 6.

Learned counsel for the State opposes the prayer for bail. 7.

Taking into account the period of custody and filing of charge sheet and release of the co-accused, 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 rule. (V. NARASINGH) Judge Santoshi