Madhusudan Mohapatra @ Tihilu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6129 of 2022 Madhusudan Mohapatra @ Tihilu ....

Petitioner Mr. S. Mohanty, Adv.

- Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

14.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

05.

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 has been served on 26.09.2022. There is however, no appearance from her side. Hence, the bail application is taken up for hearing.

4.

The petitioner is in custody since 15.06.2022 in connection with Talcher P.S. Case No.414 of 2022 corresponding to Special (POCSO) Case No.60 of 2022 pending in the Court of learned Addl. District Judge-cumSpecial Court under POCSO Act, Angul for the alleged commission of offence under Sections 363/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act.

5.

Considering the submissions, materials on record 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