Alesh Pradhani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2479 of 2022 Alesh Pradhani ....

Petitioner Mr. K. Pradhan, Advocate - Versus - State of Odisha .... Opposite Parties Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

01.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

05.

2.

As directed, learned State Counsel has obtained instructions with regard to the status of the child born to the victim as also current residence of the victim.

3.

It is stated that the victim gave birth to a male child on 30.01.2022 but the baby expired two days after the delivery. Further, the victim is residing with her mother at present. 4.

The petitioner is in custody since 24.09.2021 in connection with Adava P.S. Case No.15 of 2021 corresponding to G.R. Case No.26 of 2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Parlakhemndi, Gajapati for the alleged commission of offence under Sections 363/366/376(2)(n)/376(3) of IPC read with Section 6 of POCSO Act.

5.

It is alleged that the petitioner kidnapped the victim, who was a minor girl and kept physical relationship with her resulting in pregnancy. The statement of the victim recorded under Section 164 Cr.P.C. reveals an entirely different story.

6.

Considering the above as also taking into account the period of detention of the petitioner in custody and the fact that charge sheet

has already been submitted, 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 she shall personally appear before the trial Court on each date of posting of the case without fail.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana