Debendra Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1768 of 2022 Debendra Majhi ....

Petitioner Mr. C.R.Satapathy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.4.2022.

Order No.

02.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 23rd November, 2021 in connection with Kakatapur P.S.

Case No.251/2021 corresponding to Special G.R. Case No.112/2021 further corresponding to T.R. Case No.12/2022 pending in the court of learned Addl. District Judge-cum-Special Court under POCSO Act, Puri for the alleged commission of the offence under Sections 363/366/366-A/370-A/376(2)(n)/34 of I.P.C. read with Section 6/16 of POCSO Act.

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4. As per the prosecution allegation, the Petitioner and some other persons were involved in running a prostitution racket by involving the victim, who is a minor girl. However, from the statement of the victim recorded under Sections 161 and 164 of Cr.P.C., it appears that an omnibus allegation has been made in so far as the present Petitioner is concerned to the effect that he was also arranging customers.

5. Having regard to the above facts, the materials on record, the period of his detention in custody and the fact that charge sheet has already been submitted, 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 court below 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

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