High CourtsSingle Bench

Akash Senapati vs State Of Orissa

Orissa High Court · Decided on 19 October 2022 · Citation: (2022) 10 OHC CK 0090

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164, 439 · Indian Penal Code, 1860 — Section 363, 366, 376(2)(n)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9367 Of 2022
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Judgment

11 paragraphs · 220 words

V. Narasingh, J

1.This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with Spl. G.R. Case No.20 of 2022, pending before the learned Additional District and Sessions Judge-cum-Special Judge, Sonepur, arising out of Sonepur P.S. Case No.136 of 2022, for commission of offences under Sections 363/366/376(2)(n) of the IPC read with Section 6 of the POCSO Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Sonepur, by order dated 03.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

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

6.

It is submitted by the learned counsel for the petitioner that since charge-sheet has already been filed on 20.08.2022 and as the petitioner is in custody since 17.07.2022 and keeping in view the nature of allegations, his further continuance in custody is unwarranted.

7.

Considering the tenor thereof and filing of the charge-sheet, 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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

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