S. Niranjan Mochi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4981 of 2022 S. Niranjan Mochi ....

Petitioner Mr. Jyotirmaya Sahoo, Advocate -Versus - State of Odisha ....

Opposite Party Mr. M. Mishra, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 23.09.2022 1.

These matters are taken up through hybrid mode. Order No.

2.

2.

Learned State Counsel informs that notice on the victim/informant has been served. There is however no appearance from her side. 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 22.02.2022 in connection with Digapahandi P.S. Case No. 44 of 2022 corresponding to G.R. Case No. 17 of 2022 pending in the court of learned Addl. District Judge-cum-Special Court under POCSO Act, Berhampur for the alleged commission of offence under Sections 363/366/376(3)/376(2)(n)/506 of IPC read with Section 6 of 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 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 the petitioner shall personally appear before the trial court on each date of posting of the case without fail.

6.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge BC Tudu