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Orissa High CourtBLAPL/8099/2022allowed

Utpal Kishore Dash v. State Of Odisha

2022-09-24Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8099 of 2022 Utpal Kishore Dash ....

Petitioner Mr. S. Mohanty, Advocate -versusState of Odisha ....

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

ORDER

24.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. 3.

Learned counsel Ms. S. Mohanty has appeared on behalf of the informant/victim. The Vakalatnama filed is taken on record. Name of Ms. S. Mohanty be reflected in the file, in the cause list as well as in the CMS of this Court.

4.

The petitioner is an accused in connection with Special G.R. Case No.29 of 2022, pending before the learned Additional District Judge -cum- Special Court under POCSO Act, Jagatsinghpur, arising out of Jagatsinghpur P.S. Case No.280 of 2022, for offences under Sections 363/365/366/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge -cumSpecial Court under POCSO Act, Jagatsinghpur, by order dated

10.08.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the 164 Cr.P.C. statement.

7.

Considering the tenor thereof and keeping in view that charge-sheet has already been filed, this Court directs the petitioner to be released on bail. Learned Court to fix the terms to ensure the presence of the petitioner on each date of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

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