Nabidatya Suna @ Romeo @ Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3492 of 2022 Nabidatya Suna @ Romeo @ Naik ....

Petitioner Mr. J.Panda, Advocate - Versus - State of Odisha & Another ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

03.

2.

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

3.

Learned State Counsel submits that notice on the victim has been served on 15.08.2022. There is however, no appearance from her side. Hence, the bail application is taken up for hearing. 4.

The petitioner is in custody since December, 2021 in connection with Jaipatna P.S.

Case No.448 of corresponding to C.T. Case No.431/115 OF 2021(POCSO) pending in the Court of learned Addl. Sessions Judge-cumSpecial Court under POCSO Act, Bhawanipatna for the alleged commission of offence under Sections 363/366/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act.

5.

Considering the submissions, the materials on record, the period of detention in custody and in particular the statement of the victim recorded under Section 164 of 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 personally appear before the trial Court on

each date of posting of the case without fail. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana