Sankar Bhatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2562 of 2022 Sankar Bhatra ....

Petitioner Mr. A.R. Panda, Adv.

- Versus - State of Odisha ....

Opp.Parties Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

7.

2.

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

3.

Learned State Counsel informs that notice on the victim has been served on 07.07.2022. There is however, no appearance from her side. Hence, the bail application is taken up for hearing. 4.

The petitioner is in custody since 25.01.2021 in connection with Koraput Sadar P.S. Case No.8 of 2021 corresponding to T.R. Case No.18 of 2021 pending in the Court of learned Adhoc Addl. Sessions Judge (FTSC), Jeypore for the alleged commission of offence under Sections 376(2)(n)/376(3)/506 of IPC read with Section 4(2)/6 of POCSO Act.

5.

Considering the nature of accusations and the testimony of the victim who has been examined as P.W.-2 in the trial, I am not inclined to allow the prayer for regular bail. However, considering the period of detention of the petitioner in custody

and the fact that the victim has already been examined in the meantime I am inclined to take a lenient view in the matter. The bail application is therefore, disposed of directing the learned court below to release the petitioner on interim bail for a period of one month from the date of his actual release on such terms and conditions as he may deem fit and proper to impose. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana