Bulu @ Udayanath Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1773 of 2022 Bulu @ Udayanath Patra ....

Petitioner Mr. B.K.Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr.P. Tripathy Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.3.2022.

Order No.

01.

1. This matter is taken up through virtual mode.

2. Heard Mr. B.K.Mohanty, learned counsel for the Petitioner and Mr. P. Tripathy, learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 17th March, 2021 in connection with Tirtol P.S. Case No.108/2021 corresponding to G.R. Case No.106/2021 pending in the court of learned Ad hoc Additional District and Sessions Judge, F.T.S.C. (POCSO), Jagatsinghpur for the alleged commission of the offence under Sections 341/342/452/380/324/307/354/457/376(1)/34 of I.P.C.

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4. It is submitted that the Petitioner neither named in the F.I.R. nor in the initial statement of the informant as well as the statement of the victim recorded by the I.O. under Section 161 of Cr.P.C. on 17th March, 2021. However, most surprisingly a different story was stated in the subsequent statement recorded after one month wherein the Petitioner was implicated. This, according to the Petitioner, shows falsity of the allegations.

5. Considering the submissions made, the materials on record, the period of detention in custody and the fact that charge sheet has already been submitted in the case, 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

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