Chuin@ Rabi Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10186 of 2021 Chuin @ Rabi Samal ....

Petitioner Mr. B.K.Mohanty Advocate -versusState of Odisha and another ....

Opposite Parties Mr. S.K.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

10.5.2022.

02.

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

2. Learned State counsel submits that the victim refused to receive notice when the same was attempted to be served upon her by the I.I.C., Jajpur P.S. Perusal of the letter dated 9th May, 2022 of the I.I.C., Jajpur P.S. is on the same lines. Hence, the notice is held to be sufficient. The Bail Application is taken up for hearing.

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

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4. The Petitioner is in custody since 23rd August, 2021 in connection with Jajpur P.S. Case No.275/2021 corresponding to C.T.Spl. (POCSO) Case No.120/2021 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Jajpur for the alleged commission of the offence under Sections 363/366/376(2)(n)(3) of the I.P.C. and Section 6 of the POCSO Act.

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

6. Let the Petitioner 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 court below on each date of posting of the case without fail.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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