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Orissa High CourtBLAPL/9420/2022allowed

Sankar @ Papu Nayak v. State Of Odisha

2022-10-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9420 of 2022 Sankar @ Papu Nayak ....

Petitioner Mr. S.K. Acharya, Advocate -versusState of Orissa ....

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

ORDER

13.10.2022 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 connection with T.R. Case No.374 of 2020, pending in the Court of the learned Ad hoc Additional Sessions Judge, first track Special Court (POCSO), Bhubaneswar, arising out of Khandagiri P.S. Case No.524 of 2020, for commission of offences under Sections 363/366/376(2)(n) and under Section 6 of the POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Ad hoc Additional Sessions Judge, first track Special Court (POCSO), Bhubaneswar, by order dated 22.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Considering the submission of the learned counsel for the petitioner that the petitioner is in custody since 30.03.2021 and taking into account the filing of charge-sheet and the tenor of 164

Cr.P.C. statement, 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.

6.

Accordingly, the BLAPL stands disposed of.

7.

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