Anjan Sethy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8784 of 2022 Anjan Sethy ....

Petitioner Mr. P.R. Singh, Advocate -versusState of Odisha ....

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

ORDER

09.11.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the State, on instruction, submits that in spite of service of notice on the victim on 26.10.2022, none appears when the matter is called.

3.

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

4.

The Petitioner is an accused in connection with C.T (Special) POCSO Case No.39 of 2022, pending on the file of the learned Addl. Sessions Judge-cum-Special Judge, POCSO, Dhenkanal, arising out of Dhenkanal Sadar P.S. Case No.274 of 2022 for commission of the alleged offence under Sections 363/366/376(2)(n)/376(3) IPC and Section 6 of the POCSO Act. 5.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. District & Sessions Judge-

cum-Special Court under POCSO Act, Dhenkanal by order dated 06.09.2022, the present BLAPL has been filed. 6.

Perused the statement of the victim recorded under Section 164 Cr.P.C. Copy of the final form filed in Court today be taken on record.

7.

Considering the tenor of the 164 Cr.P.C. statement, taking into account that the Petitioner is in custody since 06.09.2022 and filing of the charge sheet on 17.08.2022, 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 rule. (V. NARASINGH) Judge PKS