Dipu @ Hapi Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7930 of 2022 Dipu @ Hapi Malik ....

Petitioner Mr. R.S. Samal, Advocate -versusState of Odisha ....

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

ORDER

11.10.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

In spite of service of notice on the victim on 03.10.2022, none appears when the matter is called.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

The Petitioner is an accused in G.R. Case No.58 of 2022 pending in the file of learned Addl. District & Sessions Judge-cumSpecial Court (POCSO), Kendrapara, arising out of Kendrapara Sadar P.S. Case No.294 of 2022, for offence under Sections 363/366/376(3) IPC and Section 6 of the POCSO Act and is in custody since 04.07.2022.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District & Sessions Judge (POCSO), Kendrapara by order dated 25.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 04.07.2022 and as investigation has substantially progressed, he seeks release of the Petitioner on bail.

7.

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

8.

Considering the tenor thereof and the age of the Petitioner, 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. 9.

Additionally it is directed that the Petitioner shall appear before the jurisdictional police station of the Court in seisin over the matter once every week till conclusion of the charge sheet. 10.

Accordingly, the BLAPL stands disposed of.

11.

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