Santosh Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10215 of 2021 Santosh Kumar Sahoo ....

Petitioner Mr. Manas Chand, Advocate -versusState of Odisha and another ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.3.2022.

03.

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

2. It is submitted that notice on the victim has been served. However, there is no appearance. As such the Bail Application is taken up for hearing.

3. Heard Mr. Manas Chand, learned counsel for the Petitioner and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

4. The Petitioner is in custody since 7th October, 2021 in connection with Kendrapara Sadar P.S. Case No.540/2021

// 2 // corresponding to G.R. Case No.112/2021 pending in the court of learned Addl.

Sessions Judge-cum-Special Court, Kendrapara for the alleged commission of the offence under Sections 363/366/376(2)(n)/376 of I.P.C. read with Section 4 of the POCSO Act.

4. Considering the submissions made, the materials on record, the period of detention already undergone and in particular looking at the variance in the statements of the victim recorded under Sections 161 and 164 of the 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 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.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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