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Orissa High CourtBLAPL/7584/2022allowed

Katiki @ Sipun Mallik v. State Of Odisha

2022-11-10Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7584 of 2022 Katiki @ Sipun Mallik ....

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

Opposite Party Mr. G.N. Mohapatra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

10.11.2022 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.

The Petitioner is an accused in Special G.R Case No.81 of 2022 pending on the file of learned A.D.J.-cum-Special Court under POCSO Act, Cuttack, arising out of Banki P.S. Case No.223 of 2020, for commission of offence under Sections 363/366/376(3)/376(2)(n) IPC and Section 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 A.D.J.-cum-Special Court under POCSO Act, Cuttack by order dated 01.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Learned counsel for the State, on the basis of the statement of the victim recorded under Section 164 Cr.P.C., submits that in

the meanwhile the victim has joined the accused in the matrimony and they are blessed with a child.

6.

Taking into account such submission at the Bar, 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. 7.

Accordingly, the BLAPL stands disposed of.

8.

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