Indar Lohar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9328 of 2020 Indar Lohar ....

Petitioner Mr. T.K. Mishra, Advocate -versusState of Odisha ....

Opposite Party Ms. S. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

02.05.2022 Order No.

05.

1.

This matter is taken up through hybrid mode.

2.

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

3.

Learned counsel for the State on instruction submits that informant has been duly noticed.

4.

There is no appearance on behalf of the informant when the matter is called.

5.

The petitioner is an accused in Special G.R. Case No.32 of 2019, on the files of learned Special Judge, Sundargarh, arising out of Bisra P.S. Case No.45 of 2019, under Sections 363,354,376-DA of IPC read with Section 4 and 8 of POCSO Act and is in custody since 13.05.2019.

6.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cum-P.O. Special Court (POCSO), Sundargarh, by order dated 02.12.2020 in the aforementioned case, the present BLAPL has been filed. 7.

Perused the 164 Cr.P.C. statement of the victim and friend of the victim and the medical examination report. 8.

Learned counsel for the petitioner seeks permission to withdraw the BLAPL application.

9.

Accordingly, the BLAPL stands disposed of as withdrawn. 10.

It shall be open to the petitioner to renew his prayer if so advised after examination of the victim.

(V. NARASINGH) Judge Santoshi