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Orissa High CourtCRLA/926/2022disposed off

Aju@Rivan Kumar Sahoo v. State Of Odisha

2022-12-21Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLA No. 926 of 2022 Aju@ Rivan Kumar Sahoo ....

Appellant Mr. P.K. Jena, Advocate -Versus - ....

Respondents State of Odisha & Another Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 21.12.2022 1.

This matter is taken up through Hybrid Mode.

Order No.

04.

2.

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

3.

Learned counsel for the State submits that notice has been served on 11.12.2022.

4.

The appellant is in custody since 17.08.2022 in connection with Baisinga P.S. Case No. 256 of 2022 corresponding to G.R. Case No. 73 of 2022 pending in the Court of learned Special Judge, Mayurbhanj, Baripada for the alleged commission of the offence under Sections376(2)(n)/417 of the I.P.C read with Section-3(i)(r)/ 3 (w)(i)(ii)/2(v) of the SC & ST (POA) Act, 1989/ 66 -E of I.T. Act.

5.

Considering the submissions, the materials on record and

the period of detention of the appellant in custody and particularly the statement of the victim recorded under Section164 of the Cr.P.C., I am inclined to allow the prayer for bail. Let the appellant be released on bail on such terms and conditions as the convicting Court may deem fit and proper to impose.

6.

Accordingly, the CRLA is allowed.

7.

Urgent certified copy of this order be granted as per rules. (Sashikanta Mishra) Judge Balaram