Alayana Hari @ Srinu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11532 of 2022 Alayana Hari @ Srinu ....

Petitioner Mr. S.K.Dash Advocate -versusState of Odisha and another ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.7.2022.

02.

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

2. It is submitted that notice has been served upon the victim on 15th February, 2022. However, there is no appearance on behalf of the victim. Hence, the Bail Application is taken up for hearing.

3. Heard learned counsel for the Petitioner learned Addl. Standing Counsel for the State.

4. The Petitioner is in custody since 30th June, 2021 in connection with Gurandi P.S. Case No.41/2021corresponding

// 2 // to G.R. Case No.19/2021 pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Parlakhemundi for the alleged commission of the offence under Sections 363/366/376(3)/376(3)(n) of I.P.C and Section 6 of the POCSO Act.

5. It is alleged that the Petitioner kidnapped the victim and took her to Chennei where he kept physical relationship with her. The statement of the victim recorded under Section 164 Cr.P.C. reveals a different story.

6. Considering the submissions made, the materials on record, the period of detention in custody and in particular the statement of the victim recorded under Section 164 of the Cr.P.C., I am inclined to allow the prayer for bail.

7. 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.

8. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

// 3 //