Ratana @ Ratnakar Hati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7578 of 2022 Ratana @ Ratnakar Hati ....

Petitioner Mr. R.N. Panda, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

22.09.2022 Order No.

02.

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 the informant/victim on12.09.2022. There is no appearance on behalf of the informant/victim when the matter is called.

4.

The petitioner is an accused in Spl. G.R. Case No.20 of 2022 pending in the file of learned A.D.J.-cum-Special Court under POCSO Act, Cuttack, arising out of Banki P.S. Case No.326 of 2021, offence under Sections 363/366/376(1)/376(3)/323/34 of the IPC and U/s.4 of the POCSO Act and is in custody since 16.11.2021.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Court under POCSO Act, Cuttack by order dated 02.08.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C. statement.

7.

Taking into account the period of custody since 16.11.2021 and filing of charge sheet on 13.05.2022, this Court directs the petitioner to be released on bail on such terms to be filed 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