Sahil Munda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2891 of 2022 Sahil Munda ....

Petitioner Mr. S. Panda, Adv.

- Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

5.

2.

Learned State Counsel informs that notice has already been served on the victim/informant. There is however, no appearance from her side. 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 08.10.2021 in connection with Joda P.S. Case No.164 of 2021 corresponding to Special Case No.90 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Keonjhar for the alleged commission of offence under Sections 376(3) of IPC. 5.

Considering the nature of allegations and the existence of material prima facie in support thereof, I am not inclined to allow the prayer for regular bail. However, it is submitted by learned counsel for the petitioner that the victim has become major in the meantime and there is a talk of her marriage with the petitioner and as such, the petitioner may be released on

interim bail to finalize the said proposal.

6.

Considering the submissions as above, the bail application is disposed of directing the court in seisin over the matter to release the petitioner on interim bail for a period of two months from the date of his actual release on such terms and conditions as he may deem fit and proper to impose including the condition that the petitioner shall appear on each date of posting of the case before the court below.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana