Banamali Maharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4744 of 2022 Banamali Maharana ...

Petitioner Ms. S. Mahapatra, Advocate - Versus - State of Odisha ...

Opposite Party Mr. K. Das, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

02.06.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 26.03.2022 in connection with Adava P.S. Case No.47 of 2022 corresponding to G.R. Case No. 9 of 2022 pending in the Court of learned Sessions Judgecum-Special Judge, Paralakhemundi, Gajapati for the alleged commission of offence under Sections 363/366/343 of IPC read with Section 8 of POCSO Act.

4.

It is alleged that the petitioner kidnapped the victim, who is a minor girl. A reading of the statement of the victim recorded under Section 164 Cr.P.C. does not reveal any allegation of sexual assault.

5.

Considering the above fact, the period of detention in custody and taking into account the statement of the victim, 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, J) A.K. Rana Vacation Judge