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Orissa High Court

K. Santosh vs State Of Odisha .... Opposite Party on 31 August, 2023

Author: V. Narasingh

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 8993 of 2023

             K. Santosh                          ....                  Petitioner
                                               Mr. S.K. Samantaray, Advocate
                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                          Mr. K.K. Gaya, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

31.08.2023 Order No.

01. 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.174 of 2022, pending in the Court of learned Additional Sessions Judge-cum-POCSO Court, Cuttack, arising out of Niali P.S. Case No.450 of 2022, for alleged commission of offences under Sections 344/363/366/376(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 ADJ-cum-Spl. Court under POCSO Act, Cuttack by order dated 11.07.2023 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 05.04.2023 and as charge sheet has been filed on 23.05.2023, he may be released on bail.

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

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

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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. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once a week on such date and time to be fixed by the learned Court in seisin till conclusion of trial.

9. Accordingly, the BLAPL stands disposed of.

10. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 01-Sep-2023 19:33:56 Page 2 of 2