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Orissa High CourtBLAPL/8963/2021disposed off

Panchanan Naik @ Kairu v. State Of Odisha

2022-04-26Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8963 of 2021 Panchanan Naik @ Kairu ....

Petitioner Mr.B.Pujari, Advocate -versusState of Odisha ....

Opp.Party Mr.K.K.Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.04.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard Mr.Pujari, learned counsel for the Petitioner as well as learned Additional Standing Counsel.

3.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Charmal P.S.Case No.71 of 2021 corresponding to Special G.R.No.48 of 2021, pending in the Court of the learned Additional Sessions Judge-cum-Special Court (under POCSO Act), Sambalpur. for alleged commission of offence under Sections 376 (2) (1), 506 of IPC read with Section 6 of the POCSO Act.

4.

Mr.Pujari, learned counsel for the Petitioner seeks leave to withdraw the bail application with liberty to file fresh bail application after examination of the victim.

5.

Accordingly the bail application is disposed of with a direction to the trial court to expedite the trial, if possible examine the victim

// 2 // expeditiously. Further, it is open for the Petitioner to move a fresh bail application after examination of the victim. In the event such an application is filed, the same shall be considered on its own merit. 6.

With the aforesaid observation the bail application is disposed of as withdrawn.

7.

Issue urgent certified copy as per Rules.

RKS ( A.K. Mohapatra ) Judge