Alok Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2790 of 2022 Alok Kumar Sahoo ....

Petitioner Mr. B.K. Bal, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

19.07.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

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

3.

The petitioner is in custody since 25.11.2022 in connection with Nischintakoili P.S. Case No.167/2021 corresponding to Spl. G.R. Case No.155 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge under POCSO Act, Cuttack for the alleged commission of offence under Sections 450/376(3)/376(2)(n)/294/376/506 of IPC.

4.

It is alleged that the petitioner, who happens to be a relation of the victim, used to visit her house frequently and committed rape on her on the pretext of loving her. Medical examination report does not disclose any sign or symptom of rape. Further, the medical examination report also silent with regard to the alleged termination of pregnancy.

5.

Considering all the above facts and taking into account the detention of the petitioner in custody as also the statement of the victim recorded under Section 164 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 the court in seisin over the matter may deem fit and proper to impose including the condition that he shall not approach, threaten, coerce, influence or make any contact either physical or otherwise with the victim in any manner whatsoever. Further he shall personally appear before the trial court on each date of posting of the case and in case of even a single default, the Court below shall pass appropriate orders to take him to custody again.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules (Sashikanta Mishra) Judge A.K. Rana