Bhagaban Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2328 of 2022 Bhagaban Behera ....

Petitioner Mr. S.Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.4.2022.

2.

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

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

3. The Petitioner is in custody since 13th January, 2022 in connection with Mahila P.S. Case No.4/2022 corresponding to C.T. Case No.240/2022 pending in the court of learned S.D.J.M., Bhubaneswar for the alleged commission of the offence under Sections 376(2)(n)/506/354-A/354/34 of I.P.C.

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4. The allegation is that the Petitioner taking advantage of his official position and on the pretext of arrangement of employment for the victim repeatedly assaulted her sexually since long. The matter was also reported before the Mahila P.S. on 10th December, 2020 only after the victim was thrown out of employment.

5. Considering the nature of accusations, the materials available on record and the period of detention of the Petitioner in custody, 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 and in case of even a single default, necessary orders shall be passed by the said Court to take him to custody again.

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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