High CourtsSingle Bench(2023) 11 OHC CK 0086

Santosh Naik vs State Of Odisha

Orissa High Court · Decided on 28 November 2023

HON’BLE JUDGES
Savitri Ratho, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 11447 Of 2023

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Judgment

8 paragraphs · 200 words

M.S.Sahoo, J

1.

This is an application under Section 439 of Cr.P.C. in connection with Bikrampur FCI P.S. Case No.83 of 2023 corresponding to Special (POCSO) Case No.31 of 2023, pending in the file of the learned Special Judge (POCSO), Angul under Sections, 451, 354 (A), 354 (B) of IPC read with Section 8 of the POCSO Act.

2.

The prayer for bail of the petitioner had been rejected by order dated 27.09.2023 passed by the learned ADJ-cum-Special Court under POCSO Act while the investigation was in progress observing that the petitioner had not complied with the order passed by this Court in ABLAPL No.4156 of 2023.

3.

Mr.S.K.Rout, learned counsel for the petitioner submits that in the meanwhile, chargesheet has been submitted for which the petitioner does not want to press this bail application in order to move the learned Court below for bail afresh. To that effect, a memo has been filed in Court today. The same is taken on record.

4.

The BLAPL is accordingly dismissed as withdrawn.

5.

It is open for the petitioner to move the learned Court below for bail afresh.

6.

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

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