Pintu @ Tuna Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6473 of 2022 Pintu @ Tuna Sahu ....

Petitioner Mr. A.P. Bose, Advocate -versusState of Odisha and another ....

Opposite Parties Mr.A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.09.2022 Order No.

08.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in G.R. Case No.60 of 2020, pending in the file of learned Special Judge, Bolangir, arising out of Larambha P.S. Case No.91 of 2020, offence under Sections 376(2)(n)/376/294/506 of IPC and read with Section 6 of the POCSO Act and read with Section 3(2)(v) of the SC/ST (PA) Act and is in custody since 11.07.2020.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cumSpecial Court under (POCSO Act) At Balangir by order dated 10.09.2020 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the deposition of P.W.6-the victim who has clearly stated that she was in relationship with the petitioner and also it is further stated that she was never examined in the case at hand by the police. It is further version of the victim that she had left with the accused out of her own volition and physical relationship with the accused was a consenting one.

6.

Taking note of the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter so as to ensure his presence on each date of trial.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi