Ashish Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2499 of 2022 Ashish Kumar Swain ....

Petitioner Mr. Lambodar Achari, Advocate -Versus - State of Odisha and another ....

Opposite Parties Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 22.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

5.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 14.02.2021 in connection with BHanjanagar P.S. Case No. 49 of 2021 corresponding to G.R. Case No. 31 of 2021 pending in the court of learned Addl. District Judge-cum-Special Court under POCOS Act for the alleged commission of offence under Sections 376/511/384/506/34 of IPC read with Section 8 of POCSO Act read with Section 3(1)(w)(i) of SC & ST (PA) Act. 4.

Considering the submissions made, the materials on record, the period of detention in custody and the fact that the petitioner is not the principal accused in the case, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit

and proper to impose including the condition that the petitioner shall personally appear before the trial court on each date of posting of the case without fail.

5.

The BLAPL is accordingly disposed of.

6.

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

(Sashikanta Mishra) Judge BC Tudu