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 02.12.2022 in connection with Athagarh P.S Case No. 302 of 2022 corresponding to Spl. G.R. Case No. 168 of
2022 pending in the court of the learned Ad-Hoc, ADJ(FTSC), CUTTACK for the alleged commission of offence under Sections 341/324/376-
AB/506 of IPC and Section 6 of POCSO Act.
4. It is alleged that the petitioner sexually assaulted the victim, who was a minor girl aged about 6 years at the relevant time. Learned State counsel
has produced the Case Dairy which contains the Medical Examination Report which in turn reveals that the victim had sustained some injuries on her
private parts. It appears that the victim has been examined during trial. It has been testified that the petitioner finding the victim alone kissed her and
fingered her. There is no allegation of any other sexual assault since the victim has already been examined and the petitioner has spent more than one
year in custody.
5. Considering the submissions as above, the materials on record and the period of detention in custody, 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 including the
condition that he shall personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said Court to
pass necessary orders to take him to custody.
6. The BLAPL is disposed of.
7. Urgent certified copy of this order be granted on proper application.
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