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Orissa High CourtCRLA/885/2022disposed off

Nitu@Nitesh Kumar Naik v. State Of Odisha

2022-11-01Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No.885 of 2022 Nitu @ Nitesh Kumar ....

Appellant Mr. M.K.Chand Advocate -versusState of Odisha and another ....

Respondents Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

01.11.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. It is submitted that notice has been served upon the victim on 21st October, 2022. However, there is no appearance on behalf of the victim. Hence, the appeal is taken up for hearing.

3. Heard learned counsel for the Appellant learned Addl. Standing Counsel for the State.

4. The Appellant is in custody since 15th May, 2022 in connection with Junagarh P.S.

Case No.172/2022 corresponding to C.T. Case No.14/2022(SA) pending in the

// 2 // court of learned Addl. Sessions Judge-cum-Special Judge, Dharamgarh.

5. It is alleged that the appellant kidnapped the victim and forcibly took her to Bhubaneswar and committed sexual intercourse with her.

6. Considering the submissions made, the materials on and in particular the statement of the victim recorded under Section 161 of the Cr.P.C., I am inclined to allow the prayer for bail.

7. Let the Appellant be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial court on each date of posting of the case without fail.

8. The CRLA is disposed of.

9. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge