Biswajit Nath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3840 of 2022 Biswajit Nath ....

Petitioner Mr. M.P. Debnath, Advocate -Versus - State of Odisha and another ....

Opposite Parties Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 29.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

Learned State Counsel informs that notice on the informant/victim has been served on 12.06.2022. 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 Additional Standing Counsel for the State.

4.

The petitioner is in custody since 09.02.2022 in connection with Anandapur P.S. Case No. 30 of 2022 corresponding to Special Case No. 15 of 2022 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Keonjhar for the alleged commission of offence under Sections 376(3)/354-A/354-C/506/34 of IPC read with Sections 4/12 of the POCSO Act. 5.

Considering the submissions made, the materials on record, the period of detention in custody and in particular the statement of the victim recorded under Section 161 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.

4. The BLAPL is disposed of accordingly.

5. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu