Naresh Saw @ Sao v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10611 of 2021 Naresh Saw @ Sao ....

Petitioner Mr. P.K.Nanda Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.3.2022.

02.

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

2. Heard Mr. S.Mohanty, learned counsel for the Petitioner and Mr.S.K.Mishra, learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 14th July, 2021 in connection with Brahmanitarang P.S. Case No.130/2021 corresponding to G.R. Case No.462/2021 pending in the court of learned J.M.F.C., Rural, Rourkela, for the alleged commission of the offence under Section 376(2)(n) of I.P.C.

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4. Considering the submissions made, the materials on record, the period of detention already undergone and the fact that the sexual relation in question between the Petitioner and victim appears to be consensual in nature, 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 trial court 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