Ramesh Durga v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9605 of 2022 Ramesh Durga ....

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

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

ORDER

22.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

In spite of service of notice on the victim/informant on 27.10.2022, none appears when the matter is called. 3.

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

4.

The Petitioner is an accused in C.T. No.29 of 2022 pending on the file of learned Addl. District and Sessions Judge (First Track Special Court), Kalahandi, Bhawanipatna, arising out of Narla P.S. Case No.40 of 2022, for offences under Sections 363/366-A/34 IPC and 17 of the POCSO Act.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Ad hoc Addl. District & Sessions Judge, (FTSC), Kalahandi, Bhawanipatna by order dated

23.09.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

7.

Taking into account that the Petitioner is in custody since 21.03.2022 and filing of the charge sheet on 17.05.2022, 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