Tofan Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5954 of 2022 Tofan Naik ....

Petitioner Mr. R.N. Biswal, Advocate - Versus - State of Odisha & Anr.

....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

06.09.2022 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.

The petitioner is in custody since 03.02.2022 in connection with Thuamul Rampur P.S. Case No.17 of 2022 corresponding to C.T. Case No.10 of 2022 (POCSO) pending in the Court of learned Addl. District and Sessions Judge-cum- Special Court, POCSO Act, Bhawanipatna for the alleged commission of offence under Sections 363/366/376(2)(n)/376/294/323/506/34 of IPC read with Section 6 of POCSO Act.

4.

Considering the submissions, materials 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.

5.

BLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana