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Orissa High CourtBLAPL/8365/2022allowed

Sk. Sajid Ali @ Sk. Sajit v. State Of Odisha

2022-12-20Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8365 of 2022 SK. Sajid Ali @ SK. Sajit ....

Petitioner Mr. S.K. Das , Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

20.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with Special Case No.260 of 2019, pending in the Court of the learned A.D.J.- cum-Special Court under POCSO Act, Balasore, arising out of Soro P.S. Case No.15 of 2018 for commission of alleged offences under Sections 363/366/376(2)(n) of IPC read with Section 6 of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Spl. Court under POCSO Act, Balasore, by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel for the petitioner that petitioner is in custody since 22.07.2022 and charge sheet has already been filed on 14.08.2022, further continuance of the petitioner in custody is not warranted.

5.

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

6.

Considering the tenor thereof and taking into account the filing of charge sheet and period of custody, 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