Abinash Padhy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9793 of 2022 Abinash Padhy ....

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

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

ORDER

21.12.2022 Order No.

04.

1.

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

2.

There is no appearance on behalf of the informant when the matter is called.

3.

The petitioner is an accused in connection with C.T. Case No.189 of 2022, pending in the Court of the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna, arising out of Bhawanipatna Town P.S. Case No.64 of 2022, for commission of alleged offences under Sections 363/366/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Spl. Court under POCSO Act, Bhawanipatna by order dated 01.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that the petitioner is in custody since 02.03.2022 and charge sheet has already been filed on 27.04.2022, further continuance of the petitioner in custody is not warranted. 6.

Perused the order of rejection which is on record. 7.

Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi