Sumanta Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9916 of 2022 Sumanta Digal ....

Petitioner Mr. M.K. Dash, Advocate -versusState of Odisha ....

Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

It is submitted by the learned counsel for the State, on instruction, that the notice has been served on the victim/informant on 07.11.2022. In spite of service of notice, no one appears on behalf of the victim/informant.

3.

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

4.

The Petitioner is an accused in C.T. Case No.29 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Phulbani, Kandhamal, arising out of Tumudibandha P.S. Case No.39 of 2022, for commission of offence under Sections 363/366/376(2)(n)/376(3) IPC and Section 6(1) of the POCSO Act. 5.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. District & Sessions Judgecum-Special Court under POCSO Act, Phulbani by order dated

08.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 25.05.2022 and as charge sheet has been filed on 23.07.2022, his further continuance in custody is not warranted.

7.

Learned counsel for the State opposes the prayer for bail. 8.

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

9.

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. 10.

Accordingly, the BLAPL stands disposed of.

11.

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