Nilu Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.313 of 2022 Nilu Jena ....

Petitioner Mr. S.K. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.02.2022 01.

1.

This matter is taken up through Video Conferencing Mode. 2.

Heard learned counsel for the parties. Perused the F.I.R., Case Diary and other relevant documents.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioner is an accused in G.R. Case No.189 of 2021 corresponding to Polsara P.S. Case No.376 of 2021 pending in the court of learned Additional District Judge-cum-Special Court under POCSO Act, Berhampur for commission of offence punishable under Sections 450/376(2)(n)/323/506, I.P.C. and Section 6 of the POCSO Act.

5.

It is submitted by learned counsel for the Petitioner that there was a love affair between the parties and the Petitioner has been falsely implicated in the case and the Petitioner is in custody since then. 6.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.

7.

Having heard learned counsel for the parties and considering the

// 2 // period of detention of the Petitioner, it is directed that let the Petitioner be released on bail by furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one local solvent surety for the like amount to satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioner shall not get involved in any offence of similar nature while he is on bail, he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever and shall appear in court during trial on each and every date without fail. The Petitioner, while on bail, shall not approach the victim or contact or communicate with her in any manner whatsoever. Violation of any of the terms and conditions shall entail cancellation of bail granted hereby. It is open for the court in seisin over the matter to impose any conditions as may deem just and proper. 8.

The Bail Application is accordingly allowed.

9.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022.

Jagabandhu ( A.K. Mohapatra) Judge