Ratnakar Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8427 of 2022 Ratnakar Barik ....

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

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

ORDER

22.12.2022 Order No.

04.

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.97 of 2022, pending in the Court of the learned Special Judge, Balasore, arising out of Sahadevkhunta P.S. Case No.120 of 2022, for alleged commission of offences under Sections 363/3666/376(2)(n)/376(3)/34 of IPC read with Section 6 of POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cum Special Judge, Balasore, by order dated 23.08.2022 in the aforementioned case, the present BLAPL has been filed. 4.

The Investigating Officer produced the victim through VC, she stated that she opposes the bail application of the petitioner. 5.

It is submitted by the learned counsel that the petitioner is in custody since 05.05.2022 and charge-sheet has been filed on

01.07.2022, hence further continuance of the petitioner in custody is unwarranted.

6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Accordingly, the BLAPL stands disposed of.

9.

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