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Orissa High CourtBLAPL/7174/2022allowed

Sanjib Suna v. State Of Odisha

2022-10-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7174 of 2022 Sanjib Suna ....

Petitioner Mr. B.B. Routray, Advocate -versusState of Odisha ....

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

ORDER

13.10.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

It is submitted by the learned counsel for the State that notice has been served on informant/victim on 22.09.2022. There is no appearance on behalf of informant/victim when the matter is called.

4.

The petitioner is an accused in connection with C.T. Case No.21 of 2022, pending in the Court of learned Additional Sessions Judge-cum-Special Court, POCSO, Bargarh arising out of Gaisilat P.S. Case No.90 of 2022, for alleged commission of offences under Sections 363/376(D)/376(2)(n) of IPC read with Section 6 of the POCSO Act and is in custody since 28.04.2022. 5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-

Special Court, POCSO, Bargarh by order dated 24.06.2022 in the aforementioned case, the present BLAPL has been filed. 6.

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

Considering the tenor of the same and taking into account that charge sheet has been filed in the meanwhile on 16.06.2022, 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