Kumuda Maharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.6382 OF 2022 Kumuda Maharana ....

Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K. Nayak, AGA

CORAM:

MR. JUSTICE D.DASH

ORDER

07.09.2022 01.

1.

The matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

This is the successive journey of the Petitioner, who is in custody in connection with Golanthara P.S. Case No.152 of 2021 corresponding to G.R. Case No. 110 of 2021, pending on the file of learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Berhampur running for the alleged commission of offence under section 498-A/354-A/506 of the IPC read with Section-8/12 of the POCSO Act, in filing this application under section 439, Cr.P.C., for his release on bail in the above mentioned case.

3.

Heard learned Counsel for the Petitioner and learned Counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on records as well as the depositions of the witnesses i.e. informant and victim so far examined in the trial and all such developments which have taken in the meantime with other surrounding circumstances as

// 2 // also the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant of bail to the Petitioner; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:- 1) Petitioner will appear in person before the Court in seisin of the case on each date of posting of the case without fail;

2) will not threaten or terrorise the prosecution witnesses including the victim in any manner; and 3) will not indulge himself in any criminal activity. 5.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan