Kartika Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7323 OF 2020 Kartika Naik .........

Petitioner Mr. B.P. Das, Adv.

-versusState of Orissa ............

Opposite Party Mr. S.S. Pradhan, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

21.06.2022 Order No.

12.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The Petitioner is an accused in connection with Special Case No. 98 of 2019, arising out of Kinjirikela P.S. Case No. 63 of 2019 pending on the file of learned ADJ-cum-Presiding Officer, Special Court (POCSO), Sundargarh, registered for the alleged commission of offence under Sections- 376(2)(n)/506 of the I.P.C, read with Section-6 of the POCSO Act. The petitioner is in custody since 23.02.2020.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned ADJ-cum-Presiding Officer, Special Court (POCSO), Sundargarh, by order dated 30.09.2020

in Special G.R. Case No. 98 of 2019, the present BLAPL has been filed.

5.

Perused the 164 Cr.P.C statement of the victim. Considering the tenor of the same and keeping in view that Charge-sheet has already been filed in the meanwhile and the petitioner is in custody since 23.02.2020, it is directed that, the petitioner shall be released on bail.

6.

The learned Court in seisin over the matter to fix the terms, so as to ensure his presence on each date of trial. 7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per Rules.

( V.Narasingh ) Balaram Judge