Orissa High Court
Lalit Mohan Naik vs State Of Odisha & Another .... Opposite ... on 22 March, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12801 of 2022
Lalit Mohan Naik .... Petitioner
Mr. S. Panda, Advocate
-versus-
State of Odisha & Another .... Opposite Parties
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
22.03.2023 Order No.
04. 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.31 of 2021, pending in the Court of the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Sambalpur, arising out of Sasan P.S. Case No.85 of 2021, for alleged commission of offences under Sections 342/376(2)(f)/376(3)/500/506 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 learned Additional Sessions Judge - cum- Special Court under POCSO Act, Sambalpur, by order dated 27.09.2022 in the aforementioned case, the present BLAPL has been filed.
4. Notice is stated to have been served on the informant/victim on 19.02.2023 indicating that the matter shall be Page 1 of 2 taken up today (22.03.2023). 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 05.04.2021 and since charge-sheet has been filed on 02.06.2021, 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 Page 2 of 2