Santosh Kumar Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11173 OF 2019 Santosh Kumar Gouda .........

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

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

16.05.2022 Order No.

07.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T. Case No. 30 of 2019 corresponding to Phulbani Town P.S. Case No. 79 of 2019, pending on the file of the learned Addl. District & Sessions Judge-cum-Special Judge, Phulbani for the alleged commission of offence under Sections-363/ 366/ 366-A /376(2)(n)/376(3) of the IPC read with Section-6 of the POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. District & Sessions Judge-cum-Special Judge, Phulbani, by Order dtd. 03.12.2019 in C.T. No. 30 of 2019, the present BLAPL has been filed.

4.

By order dtd. 02.05.2022, this Court had noted the service of notice on the informant, but had adjourned the matter, to give another opportunity to the informant to participate in the proceeding.

5.

None appears for the informant when the matter is called. 6.

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

7.

Perused the 164 Cr.P.C. Statement.

8.

Taking into account that charge sheet has already been filed in the meanwhile, 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, so as to ensure the appearance of the present petitioner on each date of trial.

9.

The Bail Application thus stands disposed of. 10.

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