Panchanan Dhibar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5629 of 2022 Panchanan Dhibar ....

Petitioner Mr. A.K. Sahoo, Advocate - Versus - State of Odisha & Anr.

....

Opp. Parties Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

03.

2.

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

3.

Learned State counsel informs that notice on the victim/informant has been served on 03.08.2022. There is however, no appearance from her side. Hence, the bail application is taken up for hearing.

4.

The petitioner is in custody since 28.05.2022 in connection with Barkote P.S. Case No.270 of 2022 corresponding to Spl. G.R. Case No.22 of 2022 pending in the file of learned Addl. District & Sessions Judge-cum-Judge, Spl. Court, Deogarh for the alleged commission of offence under Sections 376(2)(n)/376(3)/506 of IPC read with Section 6 of POCSO Act.

5.

Considering the submissions, material on record, the period of detention in custody and in particular the statement of the victim recorded under Section 164 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 A.K. Rana