Orissa High CourtBLAPL/2069/2022disposed off

Krushna Chandra @ Ratikanta Das v. State Of Odisha

2022-05-11Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2069 of 2022 Krushna Chandra @ Ratikanta Das ....

Petitioner Mr. S.C.Das Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.5.2022.

03.

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

2. Notice on the victim having been served. She seeks to enter appearance through Sri B.K.Jena, learned Advocate, who files Vakalatnama in Court today. The same be kept on record. The victim's mother has also filed an affidavit in Court today indicating that she has no objection if the Petitioner is granted bail.

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

4. The Petitioner is in custody since 17th January, 2022 in connection with Khantapada P.S.

Case No.267/2021

// 2 // corresponding to Special Case No.260/2021pending in the court of learned Addl. District Judge-cum-Special Judge, Balasore for the alleged commission of the offence under Sections 363/366/376(3)/376(2)(n)(i) of the I.P.C. read with Section 6 of POCSO Act.

4. It is alleged that the Petitioner kidnapped the victim, who was a minor girl at the relevant time and forcibly kept physical relationship with her. It is submitted that the Petitioner and the victim were in love and that she had willfully left home to be in company of the Petitioner.

5. Having regard to the submissions as above, the period of detention in custody and in particular the statement of the victim recorded under Section 164 of the Cr.P.C., I am inclined to allow the prayer for bail. 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.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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