Krushna Chandra Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5177 of 2022 Krushna Chandra Naik ....

Petitioner Mr. J. Panda Advocate -versusState of Odisha ....

Opposite Party Mr.P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.6.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 15th April, 2022 in connection with Th.

Rampur P.S.

Case No.81/2022 corresponding to C.T. Case No.43/491 of 2022 pending in the court of learned S.D.J.M., Bhawanipatna for the alleged commission of the offence under Sections 363/366/376/506 of I.P.C.

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4. Though it is alleged that the Petitioner committed forcible sexual intercourse with the victim yet her statement recorded under Section 161 of Cr.P.C. suggests a different story.

5. Considering the above facts, the materials on record, the period of detention of the Petitioner 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 may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge