Nirakar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7793 of 2022 Nirakar Das ....

Petitioner Mr. Nilakantha Das, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.09.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Mr. Abesh Kamal, learned counsel has filed a vakalatanama on behalf of the Informant in Court today. The same is taken on record.

3.

Heard learned counsel for the Petitioner, learned counsel for the State and the learned counsel for the Informant. 4.

The Petitioner is an accused in Special G.R. Case No.90 of 2022 pending in the file of learned Addl. Sessions Judge-cumSpecial Court under POCSO Act, Cuttack, arising out of Choudwar P.S. Case No.284 of 2022, for offence under Sections 363/342/376(3) IPC and Section 4 of the POCSO Act. 5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District Judge-cum-Special Court under POCSO Act, Cuttack by order dated 19.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

7.

Considering the tenor thereof and taking into account that the charge has been filed on 14.08.2022 and the Petitioner is in custody since 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 PKS