High CourtsSingle Bench

Golden Cherua vs State Of Odisha

Orissa High Court · Decided on 28 February 2024 · Citation: (2024) 02 OHC CK 0254

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 164 · Indian Penal Code, 1860 — Section 363
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8415 Of 2023
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Judgment

9 paragraphs · 208 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is in custody since 15.03.2022 in connection with Bolang P.S. Case No. 01 of 2022 corresponding to Spl. G. R. Case No. 44 of 2022 pending in the court of the learned ADJ-Cum-PO Special Court(POCSO), Sundargarh for the alleged commission of offence under Section 363 of IPC.

4.

It is alleged that the petitioner kidnapped the minor daughter of the informant while she was going to the church. Learned State counsel has produced the case dairy which shows that the victim has been rescued in the meantime and her statement has been recorded by the I.O. under Section 164 of Cr.P.C.

5.

Considering the nature of accusations and materials on record and in particular the statement of the victim recorded under Section 164 of Cr.P.C., I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose.

6.

The BLAPL is disposed of.

7.

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

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