Pinku Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9037 of 2021 Pinku Sethi ....

Petitioner Mr. B.K.Behera, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.2.2022 02.

1.

This matter is taken up through hybrid mode.

Order No.

2.

Notice on the victim has already been served on 6.01.2022 as informed by the learned State Counsel. There is, however, no appearance from the side of the victim. Hence, the matter is taken up on the basis of material available on record. 3.

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

3.

The Petitioner is in custody since 22.05.2021 in connection with Berhampur Sadar P.S. Case No.155 of 2021 corresponding to G.R. Case No. 90 of 2021 pending in the court of learned ADJ-cum-Special Judge (POCSO Act), Berhampur for the alleged commission of offence under

// 2 // Sections 363/366/376/(2)/376(3) of the IPC, read with Section 6 of the POCSO Act.

4.

Considering the submissions made, the materials on record, the period of detention already undergone and in particular the statement of victim recorded under Section 164 Cr.P.C., I am inclined to allow the prayer for bail. 5.

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 in the aforesaid case including the condition that he shall personally appear before the trial court on each date of posting of the case, failing which necessary adverse orders may be passed against him.

6.

The BLAPL is disposed of.

7.

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

(Sashikanta Mishra) Dhal Judge