Abhi @ Abhimanyu Das vs State Of Odisha And Another

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

This is the second journey of the Petitioner to this Court seeking bail. His earlier application being rejected as per order passed in BLAPL No.10140/2021 granting him liberty to renew his prayer after examination of the victim.

The present application has been filed since the victim in the meantime has been examined in the ongoing trial. The Petitioner is in custody since 7th August, 2021 having been remanded in connection with Madhupatna P.S. Case No.174/2021 corresponding to G.R. Case No.97/2021 pending in the court of learned A.D.J.-cum-Special Court under POCSO Act, Cuttack for the alleged commission of the offence under Section 376(1) I.P.C. and Section 67 of I.T. Act 2000.

Considering the submissions, the materials on record, the period of detention in custody and in particular, the deposition of the victim, I am inclined to enlarge the Petitioner on bail. The Bail Application is therefore, allowed. 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 personally appear before the Court below on each date of posting of the case and in case of even a single default, necessary orders shall be passed to take him to custody again.

The BLAPL is disposed of.

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

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