Banbul Harijan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3048 of 2022 Banbul Harijan ....

Petitioner Mr. M. Chand, Adv.

- Versus - State of Odisha & Ors.

....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.09.2022 Order No.

7.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 10.02.2022 in connection with Lanjigarh P.S. Case No.01 of 2022 corresponding to C.T. Case No.25/15 of 2022 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge (under POCSO Court), Act, Bhawanipatna for the alleged commission of offence under Sections 363/365/366/109/34 of IPC read with Section 17 of POCSO Act.

4.

It is alleged that petitioner helped the principal accused to kidnap the victim and to commit forcible sexual intercourse on her. Except for the fact that the principal accused and the victim stayed in the house of the petitioner for some days, there is no other allegation against him.

5.

In such view of the matter, 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 personally

appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

(Sashikanta Mishra) Judge A.K. Rana