Jagan Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10442 of 2021 Jagan Das ....

Petitioner Mr. R.K. Mallick, Advocate - Versus - State of Odisha & Anr.

....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

03.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

05.

2.

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

3.

Learned State Counsel informs that notice on the informant/victim has been served on 8.05.2021. However, there is no appearance from her side. As such, the bail application is taken up for hearing.

4.

The petitioner is in custody since 01.07.2021 in connection with Airfield P.S. Case No.205 of 2021 corresponding to T.R. Case No.281 of 2021 pending in the Court of Addl. District Judge-cumSpecial Court under POSCO Act, Bhubaneswar for the alleged for the alleged commission of offence under Sections 376(2)(f)/376(3)/342/506 of IPC read with Section 4(2) of the POCSO Act.

5.

Considering the submissions, materials on record, the period of detention in custody and in particular, the statement of the victim recorded under Section 161 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.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana