Manas Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3413 of 2022 Manas Pradhan ....

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

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.05.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application under Section 439 of Cr.P.C for grant of bail to the petitioner in connection with Baramba P.S. Case No.99 of 2019 corresponding to Spl. G.R. Case No.75 of 2019 pending in the court of learned Adhoc Additional Sessions Judge (POCSO), Cuttack.

3.

Perused the impugned order dated 12.04.2022 and also perused the FIR, a copy of which is produced in Court today by the learned counsel for the petitioner.

4.

It is submitted by learned counsel for the petitioner that earlier the petitioner was enlarged on bail by the learned trial court in Special G.R. Case No.75 of 2019 and he was regularly attending the court but he defaulted on 11.04.2022 for which N.B.W. of arrest was issued against the petitioner and was remanded to judicial custody since 26.04.2022. It is further submitted that the petitioner shall not

// 2 // make any default in attendance of the court during trial on each date of posting and he may be released on bail.

5.

Learned counsel for the State, on the other hand, opposes release of the petitioner on bail. However, he submits that if the petitioner is released on bail, stringent conditions may be imposed on the petitioner.

6.

Considering the aforesaid submissions made by the respective parties, it is directed that the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin over of the matter with the following conditions that the petitioner shall appear before the learned trial court on each date of posting without fail. It is made clear that if the petitioner defaulted in appearance before the learned court below, N.B.W. be issued against the petitioner.

7.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper. 8.

The BLAPL is disposed of.

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

( A.K. Mohapatra ) Judge Jagabandhu