Uma Shankar Suna @ Dactor Suna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1180 of 2022 Uma Shankar Suna @ Dactor Suna ....

Petitioner Mr. S.K.Jena Advocate -versusState of Odisha ....

Opposite Party Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

17.3.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard Mr. S.K.Jena, learned counsel for the Petitioner and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 23rd December, 2021 in connection with Buden P.S. Case No.102/2021 corresponding to C.T. Case No.58/2021 pending in the court of learned Addl. Sessions Judge-cum-Special Court under (POCSO) Act for the alleged commission of the offence under Sections 376(3)/376(i)(n) of I.P.C. and Sections 4 and 6 of the POCSO

// 2 // Act. It is submitted that the relationship between the Petitioner and the victim was purely consensual in nature.

4. Considering the submissions made, the materials on record and in particular the statement of the victim recorded under Section 164 of Cr.P.C., I am inclined to allow the prayer for bail.

5. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case without fail.

6. The BLAPL is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge