Rabi@ Rabindra Marandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No 9106 of 2021 Rabi@Rabindra Marandi ....

Petitioner Mr. A. R. Panda, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 03.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 14.07.2021 in connection with Singla P.S. Case No. 155 of 20188 corresponding to Special Case No. 225 of 2018 pending in the Court of learned Addl. District Judge-cum-Special Judge, POCSO, Balasore for the alleged commission of offence under Sections 363/365 /376(2)(n)/376(3)/324 /294 /506/109/120(B)/34 of IPC read with Section 6 of the POCSO Act.

4.

It is alleged that the petitioner kidnapped the victim and kept her in his friend's house for three days and forcibly committed sexual intercourse with her. The medical examination report prima facie does not support the allegations.

5.

Considering the submissions made, the materials on record,

the period of detention in custody and in particular the statement of the victim recorded under Section 164 of 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.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge B.C.Tudu