Banty@ Banti Samantaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2330 of 2022 Banty @ Banti Samantaray ....

Petitioner Mr. Ashok Das, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

27.4.2022.

3.

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

2. It is submitted that notice has been served upon the victim. 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 9th October, 2021 in connection with Baidyanathpur P.S. Case No.219/2021 corresponding to G.R. Case No.182/2021 pending in the court

// 2 // of learned Addl. District Judge-cum-Special Court (POCSO), Berhampur for the alleged commission of the offence under Sections 363/366/376(2)(n) of I.P.C. read with Section 6 of the POCSO Act.

5. Considering the nature of allegations and looking at the statement of the witnesses examined in the case as also the statement of the victim record under Section 161 of Cr.P.C. and the period of detention of the Petitioner in custody, 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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