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Orissa High CourtBLAPL/11700/2022allowed

Subhranshu Sekhar Sethi @ Pintu v. State Of Odisha

2022-12-20Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11700 of 2022 Subhranshu Sekhar Sethi ....

Petitioner @ Pintu Mr. S.K. Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr. Prasanna Ku. Mohanty, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Special G.R. Case No.69 of 2022 arising out of Tusura P.S. Case No.70 of 2022 pending in the Court of learned Special Judge (POCSO), Balangir for offences punishable under sections 363/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in

// 2 // judicial custody since 12.09.2022 and charge sheet has been submitted under sections 363/376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act and after going through the statement of the victim placed by the learned counsel for the State in which she has stated about her love affairs with the petitioner and keeping of physical relationship with the petitioner on number of occasions and hearing the learned counsel for the State, I am inclined to release the appellant on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

The BLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge P