Sopna Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4791 of 2022 Sopna Mohapatra .........

Petitioner Mr. S.R. Jena, Advocate -versusState of Odisha .........

Opposite Party Ms. S. Mishra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

24.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is seeking pre-arrest bail in connection with Kujang P.S. Case No. 175 of 2017 corresponding to SPL. G.R. Case No.197 of 2018, pending on the file of the learned Addl. Special Judge-cum-Special Judge, Kujang for commission of offence under Sections 376(2)(N)/294/427/506/34 IPC read with Section 3 (1)(r)(s)/3(2)(v) of SC & ST (POA) Act. 4.

In the light of the order passed by this Court in the case of Pramod Kumar Ray and Others vrs. State of Odisha, reported in (2017) 67 OCR -309, this ABLAPL is disposed of with the following observations.

5.

The petitioner shall surrender before the learned Addl. Special Judge-cum-Special Judge, Kujang in SPL G.R. Case No.

197 of 2018 corresponding to Kujang P.S. Case No. 175 of 2017 within two weeks from today. Seven days before the petitioner surrenders before the said Court, Petitioner or her counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim and his/her dependent.

6.

Taking into consideration the nature of the offence as alleged against the petitioner, it is directed that the petitioner shall be released on interim bail by the learned Addl. Special Judgecum-Special Judge, Kujang on the same day he surrenders in the aforesaid case, pending disposal of the bail application on merit, on such terms and conditions as deemed just and proper, including the following conditions:;

(1) the petitioner shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Special Judge;

(2.) The petitioner shall not threaten, induce or coerce any witness of this case or the victim or his/her dependant in any manner whatsoever; and

(3) the petitioner shall not involve himself in similar or any other offence during currency of this order. 7.

Within two weeks of appearance of the victim and/or informant, the matter shall be considered on its own merits. 8.

The ABLAPL accordingly stands disposed of.

9.

Urgent certified copy of this order be granted as per rules.

V.Narasingh (Vacation Judge) Murmu