Bhaskar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9610 of 2022 Bhaskar Nayak ....

Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC Mr. K. Pradhan, Adv. (Informant) CORAM: JUSTICE V. NARASINGH

ORDER

01.12.2022 Order No.

04.

1.

Heard learned counsel for the Petitioner, learned counsel for the Informant and learned counsel for the State. 2.

The Petitioner is an accused in Special G.R. Case No.101 of 2021 pending on the file of learned District & Sessions Judgecum-Special Judge, Nayagarh, arising out of Chandpur P.S. Case No.111 of 2021, for commission of offence under Sections 341/323/294/363/366/376/109/34 IPC and Sections 4/8 of the POCSO Act and Section 3(1)(r)(s)(w)(i)(ii) of the S.C. & S.T. (PoA) Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned A.D.J.-cum-Special Judge under POCSO Act, Nayagarh by order dated 23.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 23.09.2022 and as charge sheet has been filed on 30.09.2022, his further continuance in custody is not warranted.

5.

Learned counsel for the State opposes the prayer for bail. 6.

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

7.

Taking into account the filing of the 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 rule. (V. NARASINGH) Judge PKS