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Orissa High CourtBLAPL/8089/2022allowed

Chandan Kumar Sahu v. State Of Odisha

2022-09-28Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8089 of 2022 Chandan Kumar Sahu ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

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

ORDER

28.09.2022 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.

The petitioner is an accused in C.T. Spl. (POCSO) Case No.42 of 2022, pending in the file of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Jajpur, Dist-Jajpur, arising out of Tomaka P.S. Case No.46 of 2022, alleged offence under Sections 363/376(2)(n)/366 of IPC read with 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 Sessions Judge-cumSpecial Court under POCSO Act, Jajpur, Dist-Jajpur by order dated 06.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the 164 Cr.P.C. statement of the victim.

6.

Considering the tenor of such statement and taking into account that the petitioner is in custody since 24.04.2022 and filing of charge sheet on 31.07.2022, 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

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