Bunty @ Laxman Kumar Mukhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12113 of 2022 Bunty @ Laxman Kumar Mukhi ....

Petitioner Mr. Pranab Kumar Samantray, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.12.2022 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 Case No.402 of 2022 arising out of Anandpur P.S. Case No.220 of 2022 pending in the Court of learned Additional Sessions Judge -cum- Special Judge under POCSO Act, Keonjhar for offences punishable under sections 363/506/366/376(2)(n) of the Indian Penal Code read with section 12 of the POCSO Act.

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -cum- Special Judge (POCSO), Keonjhar vide order dated 21.11.2022.

// 2 // Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 10.09.2022 and charge sheet has already been submitted under sections 363/506/366/376(2)(n) of the Indian Penal Code read with section 12 of the POCSO Act and after going through the 164 Cr.P.C. statement of the victim, who is aged about eighteen years in which she has stated about her love affairs with the petitioner and she accompanied with the petitioner from place to place and ultimately staying with the petitioner in a rented house where the petitioner stated to have kept physical relationship with her on two occasions and on hearing the learned counsel for the State, I am inclined to release the petitioner 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.

Accordingly, the BLAPL is disposed of.

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

( S.K. Sahoo) Judge RKM