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Orissa High CourtBLAPL/7440/2022allowed

Bunty @ Illubanta Mallick v. State Of Odisha

2022-09-24Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7440 of 2022 Bunty @ Illubanta Mallick ....

Petitioner Mr. P. Panigrahi, Advocate -versusState of Odisha ....

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

ORDER

24.09.2022 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 an accused in connection with T.R. Case No.251 of 2022, pending in the Court of learned Spl. Judge, cum POCSO Court, Bhubaneswar, arising out of Khorda Model P.S. Case No.281 of 2022, for offences under Sections 363/366/376(3)/376(2)(n) of IPC read with Section 4/6 of the POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhubaneswar, by order dated 28.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

As noted, the notice has been served on 16.09.2022 and it is submitted by the learned counsel for the State that intimation was given that the matter shall be taken up today. There is no

appearance on behalf of the informant/victim when the matter is called.

6.

Perused the 164 Cr.P.C. statement.

7.

Considering the tenor thereof and keeping in view that charge-sheet has already been filed, 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 Ayesha