Siku Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8779 of 2022 Siku Naik ....

Petitioner Mr. A.K. Das 1, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

04.11.2022 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 SPL. (POCSO) Case No.85 of 2022, pending in the file of learned A.D.J.-cum-Special Court under POCSO Act, Angul arising out of Bantala P.S. Case No.275 of 2022, for alleged commission of offence under Sections 294/506/507/354-D of IPC read with Section 12 of the POCSO Act. 4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court under POCSO Act, Angul by order dated 03.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 18.08.2022 and charge sheet has already been filed on 15.10.2022, hence further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State produces the 164 Cr.P.C. statement of the victim and opposes the prayer for bail. 7.

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

8.

Accordingly, the BLAPL stands disposed of.

9.

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