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Orissa High CourtBLAPL/5453/2022disposed off

Babul @ Bapun @ Gobardhan Bantha v. State Of Odisha

2022-09-16Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5453 of 2022 Babul@Bapun@Gobardhan Bantha ...

Petitioner Mr. D.R. Mishra, Advocate - Versus - State of Odisha ...

Opposite Party Mr. M.R. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

16.09.2022 Order No.

3.

1.

This matter is taken up through hybrid mode.

2.

Learned State Counsel informs that notice on the victim/informant has been served on 14.09.2022. There is 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 14.05.2022 in connection with Kaniha P.S. Case No. 120 of 2022 corresponding to Special Case No. 43 of 2022 (POCSO Act) pending in the Court of learned Additional Sessions Judge-cum-Special Court (POCSO), Angul for the alleged commission of offence under Sections 376/376(2)(n)/294/506/34 of IPC.

5.

Considering the submissions made, the materials on record, the period of detention in custody and the fact that charge sheet has already been submitted in the case 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 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) Judge