High CourtsSingle Bench(2023) 04 OHC CK 0258

Khetrabasi Mallik @ Rinku vs State Of Odisha & Another

Orissa High Court · Decided on 27 April 2023

HON’BLE JUDGES
Savitri Ratho, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 178 Of 2023

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Judgment

7 paragraphs · 224 words

Savitri Ratho, J

1.

This is the second successive bail application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Badachana P.S. Case No. 115 of 2018 corresponding to C.T. Special (POCSO) Case No. 60 of 2018 pending in the Court of learned Addl. Adhoc Special (POCSO) Judge, Jajpur for commission of offence punishable under Sections 363, 376(2)(ii) of the IPC and read with Section 6 of the POCSO Act.

2.

Mr. P.C. Setpada, learned counsel has appeared on behalf of the informant-opposite party no.2 and has filed an affidavit stating that the petitioner is in custody since 07.06.2018 and in the meanwhile, the matter has been amicably settled among them and they are living peacefully in a friendly atmosphere and she has no objection if the petitioner is released on bail.

3.

Mr. R.K. Routray, learned counsel for the petitioner has stated that the opposite party no.2 and some other family members have been examined in the trial. He is directed to file the copies of their depositions before the next date for perusal of this Court.

4.

Mr. D. Nayak, learned Addl. Govt. Advocate for the State is also directed to obtain instructions regarding the circumstances leading to filing of this affidavit by opposite party no.2.

5.

List the case in the week commencing 08.05.2023.

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