Ajaya@ Tankadhar Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 116 of 2022 Ajaya @ Tankadhar Bag ....

Petitioner Mr. A. Das, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

2.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

It is submitted by learned counsel for the petitioner that notice on the victim has already been served on 11.02.2022, but there is however no appearance from her side. As such, the bail application is taken up for hearing.

4.

The petitioner is in custody since 17.11.2021 in connection with Narla P.S. Case No.203 of 2021 corresponding to C.T. Case No.80 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna for the alleged commission of offence under Sections 363/376(3)/376(2)(n) of IPC read with Section 6 of POCSO Act and Section 3(2)(v) of SC & ST (PA) Act.

5.

Considering the submissions, materials on record, the period of detention and in particular, the statement of the victim recorded under Sections 161 and 164 of Cr.P.C., I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit

and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana