Akshya Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11537 of 2022 Akshya Behera ....

Petitioner Ms. A. Hota, Advocate -Versus - State of Odisha ....

Opposite Party Mr. R. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 19.12.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioner is in custody since 26.10.2021 in connection with Banarpal P.S. Case No. 03 of 2022 corresponding to Special (POCSO) No. 81 of 2022 pending in the Court of learned Addl. District Judge-cum-Special Court under POCSO Act for the alleged commission of offence under Sections 363/366/376(2)(n)/376(3) /109 of IPC read with Sections 6(1) and 17 of the POCSO Act. 4.

It is alleged that the victim, who is a minor girl had love relationship with one Lipu Naik. The present petitioner happens to be the uncle of the said Lipu Naik. The only allegation against him is that he had taken the victim girl on his motorcycle and left her in a road where the principal offender was present. 5.

Having regard to the nature of accusations and the period of

detention in custody, I am inclined to allow the prayer for bail. 6.

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.

7.

The BLAPL is accordingly disposed of.

8.

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

(Sashikanta Mishra) Judge B.C. Tudu