Samir Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10713 of 2022 Samir Naik ....

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

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

21.12.2022 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 Special POCSO Case No.77 of 2022, pending in the Court of learned Additional Sessions Judge -cum- Special Court, POCSO, Angul, arising out of Angul P.S. Case No.403 of 2022, for alleged commission of offences under Sections 363/366/376(2)(n) of IPC read with Section 6 of POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge -cumSpecial Court, POCSO, Angul, by order dated 21.10.2022 in the aforementioned case, the present BLAPL has been filed. 4.

It is submitted by the learned counsel that the petitioner is in custody since 03.08.2022 and since charge-sheet has been filed on 19.09.2022, further continuance of the petitioner in custody is unwarranted.

5.

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

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

8.

Accordingly, the BLAPL stands disposed of.

9.

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