Ritun Sahoo @ Rishi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10667 of 2022 Ritun Sahoo @ Rishi ....

Petitioner Mr. A.K. Biswal, Advocate -versusState of Odisha & Another ....

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

ORDER

20.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with Spl. G.R. Case No.126 of 2022, pending before the learned ADJ -cumSpecial Court under POCSO Act at Cuttack, arising out of Cuttack Mahila P.S. Case No.0107 of 2022, for alleged commission of offences under Sections 376(3)/376(2)(n) of IPC read with Section 6 of PCOSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ -cum- Special Court under POCSO Act at Cuttack, by order dated 26.10.2022 in the aforementioned case, the present BLAPL has been filed. 4.

Notice is stated to have been served on the informant/victim on 02.12.2022. There is no appearance on behalf of the informant/victim when the matter is called.

5.

It is submitted by the learned counsel that the petitioner is in custody since 16.09.2022 and since charge-sheet has been filed on 11.11.2022, further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Perused the 164 Cr.P.C. statement of the victim. 8.

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 rule. (V. NARASINGH) Judge Ayesha