ORISSA HIGH COURT
HRUDANANDA MAHANTA@CHITRA – Appellant
Versus
STATE OF ORISSA – Respondent
BLAPL No.3114 of 2016
05. 19.10.2016 Heard learned counsel for the petitioner and the learn
ed State Counsel on the application under section 439 Cr.P.C. for release of the petitioner on
bail who allegedly involved with the offence under Sections 363/36/376/506 of the Indian Pena
l Code read with Section 6 of POCSO Act.
2. Learned counsel for the petitioner submits that there is no direct mat
erial against the petitioner. There was love affair between the petitioner and the victim and
there is no bodily injury on the person of the victim. He further submits that in the meantime
charge sheet has been submitted for which lenient view may be taken to release the petitione
rs on bail on any condition as deemed just and proper. Learned Addl. Standing Counsel opposes
the prayer for bail.
3. Considering the submissions of learned counsel for the respective parti
es, regard being had to the facts and circumstances of the case including the fact that there
is no direct material against the petitioner, fact that there was love affair between the peti
tioner and the victim, fact that he medical report is silent about an
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