Badal @ Fayazuddin Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8873 of 2022 Badal @ Fayazuddin Khan ....

Petitioner Mr. A. Tripathy, Advocate -versusState of Odisha ....

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

ORDER

26.09.2022 Order No.

01.

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 T.R. Case No.135 of 2022 pending in the file of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Nayagarh, arising out of Nayagarh P.S. Case No.60 of 2022, offence under Sections 363/366/376(2)(n) of IPC read with Section 6 of the POCSO Act and is in custody since 17.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Spl. Judge under POCSO Act, Nayagarh by order dated 02.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the 164 Cr.P.C. statement of the victim which is on record.

6.

Taking into account filing of charge sheet on 31.07.2022 and period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

7.

Accordingly, the BLAPL stands disposed of.

8.

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