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Orissa High CourtBLAPL/1371/2022disposed off

Manoj Mohanta v. State Of Odisha

2022-04-08Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1371 of 2022 Manoj Mohanta ....

Petitioner Mr. B.N.Mahapatra Advocate -versusState of Odisha and another ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.4.2022.

02.

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

2. It is submitted that notice has been served upon the victim on 25th March, 2022. However, there is no appearance on behalf of the victim. Hence, the Bail Application is taken up for hearing.

3. Heard learned counsel for the Petitioner learned Addl. Standing Counsel for the State.

4. The Petitioner is in custody since 27th September, 2021, in connection with Sukinda P.S. Case No.188/2021corresponding

// 2 // to C.T. Spl.(POCSO) Case No.135/ 2021 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Jajpur for the alleged commission of the offence under Sections 363/366/376(3)/376(2)(n)(3) of I.P.C and Sections 4(2) and 6 of the POCSO Act.

5. Considering the submissions made, the materials on record, the period of detention in custody and in particular the statements of the victim recorded under Sections 161 and 164 of the Cr.P.C., I am inclined to allow the prayer for bail.

6. 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.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge