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Orissa High CourtBLAPL/2145/2022disposed off

Puntu @ Prakash Naik @ Naik v. State Of Odisha

2022-04-26Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2145 of 2022 Puntu @ Prakash Naik @ Naik ....

Petitioner Mr. P.K.Nayak, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

26.4.2022.

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 6th April, 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 and learned Addl. Standing Counsel for the State.

4. The Petitioner is in custody since 26th June, 2021 in connection with Kaptipada P.S.

Case No.176/2021 corresponding to C.T. Case No.84/2021 pending in the court of

// 2 // learned P.O., Special Court under POCSO Act, Mayurbhanj, for the alleged commission of the offence under Section 376(3) of the I.P.C. and Section 4 of the POCSO Act.

5. Considering the submissions made, the materials on record, the period of detention in custody and particularly the statement of the victim recorded under Section 164 of 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