Pintua @ Pradeep Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2783 of 2022 Pintua @ Pradeep Kumar Das ....

Petitioner Mr. S.R.Mohapatra, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

19.4.2022.

04.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 6th January, 2022 in connection with Mangalpur P.S.

Case No.04/2022 corresponding to C.T. Spl. (POCSO) Case No.02/2022 pending in the court of learned Addl. Sessions Judge-cumSpecial Judge, Jajpur for the alleged commission of the offence under Sections 506/294/354-A,354-D,306/34 of I.P.C., Section

// 2 // 12 of POCSO Act and Sections 3 (1)(r)(s),3(2)(v)(va) of the SC and ST (P.A) Act

4. The main allegation against the Petitioner is that he tried to blackmail the victim girl by asking her to keep sexual relationship with him as otherwise he would viral her naked photographs as also disclose the girl's relationship with her lover before her family members. Significantly, the girl's father has also lodged an F.I.R. after commission of suicide by the victim wherein the death of the victim has been blamed on other persons. The present F.I.R. which led to arrest of the Petitioner is lodged by the mother of the boy with whom the victim had love relationship.

5. Having regard to the nature of allegations and the absence of clear-cut nexus between the so called threat given by the Petitioner to the victim girl and commission of suicide by her, it is difficult to prima facie treat it as a case under Section 306 of I.P.C.

6. Having regard to the above facts, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail.

7. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall

// 3 // appear before the court below on each date of posting of the case without fail.

8. The BLAPL is disposed of.

9. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge