Kartika Nayak @ Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8138 of 2022 Kartika Nayak @ Naik ....

Petitioner Mr. Laxman Pradhan, Advocate -versusState of Odisha ....

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

ORDER

29.09.2022 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. Case No.63 of 2022 pending in the file of learned Addl. District & Sessions Jduge-cumSpecial Court under POSCO Act, Jajpur, arising out of Bari P.S. Case No.45 of 2022, for offence under Sections 363/366/376(2)(n) IPC and Section 6 of the POSCO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District & Sessions Judgecum-Special Court under POCSO Act, Jajpur by order dated 03.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection. It is clearly borne out from the order of rejection that the victim in her statement recorded

under Section 164 Cr.P.C. has disclosed about her relationship with the accused.

6.

Considering the nature of allegation and that prior to arrest, the victim was staying with 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.

7.

Additionally, it is directed that the Petitioner shall appear before the I.O once every week till submission of final form. 8.

Accordingly, the BLAPL stands disposed of.

9.

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