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Orissa High CourtBLAPL/4736/2022disposed off

Dipun @ Banamali Panda v. State Of Odisha

2022-09-29Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4736 of 2022 Dipun @ Banamali Panda ....

Petitioner Mr. S.R. Subudhi, Advocate - Versus - State of Odisha ....

Opposite Party 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.

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

3.

The petitioner is in custody since 06.05.2022 in connection with Raikia P.S. Case No.50 of 2022 corresponding to C.T. Case No.170 of 2022 pending in the Court of learned J.M.F.C., G.Udayagiri for the alleged commission of offence under Sections 376(2)(n)/294/506/34 of IPC.

4.

Considering the submissions as above, the materials on record and the period of detention in custody and in particular the statement of the victim recorded under Section 164 of the 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. 5.

The petitioner shall create a fix deposit of Rs.50,000/- in the name of the child being represented by her mother-guardian in

any nationalized bank and shall submit the receipt thereof before the Court.

6.

The learned Court below shall ask the prosecution to furnish the necessary particulars of the child for the purpose of creating the fixed deposit.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge B.C. Tudu