Sushanta Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9245 of 2021 Sushanta Malik ...

Petitioner Mr. A.K. Sahoo, Advocate - Versus - State of Odisha & Anr.

...

Opposite Parties Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

10.02.2022 1.

This matter is taken up through hybrid mode.

Order No.

3.

2.

Learned Addl. Standing Counsel informs that the notice has already been served upon the victim, however, there is no appearance form her side. Hence the matter is taken on the basis of the materials available on record.

3.

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

4.

The petitioner is in custody since 15.09.2021 in connection with Kendrapara Town P.S. Case No.172 of 2018 corresponding to G.R. Case No.1425 of 2018 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Kendrapara for the alleged commission of offence under Sections 363/366A/376(3)/109 of IPC read with Section 4 of POCSO Act. 5.

Considering the submissions made, the materials on record, the period of detention already undergone and in particular the absence of medical evidence to support the prosecution story of rape, 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.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) A.K. Rana Judge