Happy Pattnaik @ Kalandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7377 of 2022 Happy Pattnaik @ Kalandi ....

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

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

It is submitted by learned counsel Mr. G.K. Mohanty & Associates that they have filed Vakalatnama on behalf of the informant.

4.

The Registry is requested to trace the same and tag with the file. Name of Mr. G.K. Mohanty & Associates be indicated in the file, in the cause list and CMS of this Court. 5.

The petitioner is accused in Special POCSO Case No.42 of 2022 arising out of Angul P.S. Case No.199 of 2022, pending in the Court of the learned A.D.J. cum Special Court, POCSO Angul, for alleged commission of offences under Sections 363/366/376(2)(n)/376(3)/506 of the IPC read with Section 4(2)/6 of the POCSO Act.

6.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J. cum Special Court, POCSO

Angul, by order dated 20.07.2022 in the aforementioned case, the present BLAPL has been filed.

7.

Learned counsel for the State and informant opposes the prayer for bail.

8.

Perused the 164 Cr.P.C. statement of the victim. 9.

Considering the tenor thereof and the 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 Court in seisin over the matter.

10.

Accordingly, the BLAPL stands disposed of.

11.

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