Muna @ Goura Chandra Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1075 of 2022 Muna @ Goura Chandra Nayak ....

Petitioner Mr. G.B. Singh, Advocate - Versus - State of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

3.

2.

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

3.

The petitioner is in custody since 15.12.2021 in connection with Dasapalla P.S. Case No.210 of 2021 corresponding to Special G.R. Case No.350 of 2021 pending in the Court of learned Special Judge under POCSO Act for the alleged commission of offence under Sections 366A/376/376(2)(n) of IPC read with Section 6 of POCSO Act.

4.

Though it is alleged that the petitioner kidnapped the victim girl and kept her in an undisclosed location for several days, yet from the statement of the victim recorded under Section 164 Cr.P.C. the allegation is not at all made out, rather it is the consistent statement of the victim that she had willfully left home with the petitioner and also got married to him. 5.

Having regard to the above fact and the period of detention in custody, 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