Kapila @ Kapilendra Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7812 of 2022 Kapila @ Kapilendra Malik ....

Petitioner Mr. B.K. Das, Advocate -versusState of Odisha & Another ....

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

ORDER

30.08.2022 Order No.

01.

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 Nikirei P.S. Case No.90 of 2022 corresponding to G.R. Case No.44 of 2022, pending in the Court of learned Additional District & Sessions Judge-cum-Special Judge (POCSO), Kendrapara, offences punishable under Section 376-A/376-B of 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 Additional District & Sessions Judge-cum-Special Judge (POCSO), Kendrapara, by order dated 20.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

The consideration by the learned Court in seisin over the matter was during the course of investigation.

6.

The petitioner is at liberty to move the learned Court below after filing of charge sheet. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

7.

Accordingly, the BLAPL stands disposed of.

8.

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