Rakesh Kumar Panda @ Manga v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7468 of 2022 Rakesh Kumar Panda @ Manga ....
Petitioner Mr. J. Samantaray, Advocate -versusState of Odisha ....
Opposite Part Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH
ORDER
28.09.2022 Order No.
02.
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 an accused in G.R. Case No.89 of 2022, pending in the file of learned Additional District Judge cum Special Court under POCSO Act, Berhampur, arising out of Gosaninuagoan P.S. Case No.103 of 2022, alleged offence under Sections 354(A)/354(D) read with Section 8 and 12 of POCSO Act, 2012. 4.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge cum Special Court under POCSO Act, Berhampur by order dated 23.07.2022 in the aforementioned case, the present BLAPL has been filed.
5.
Perused the 164 Cr.P.C. statement of the victim.
6.
Considering that the charge sheet has already been filed in the meanwhile, this Court is persuaded by the submission of the learned counsel for the petitioner to release him in bail on such terms to be fixed by the learned Court in seisin over the matter. 7.
Learned counsel for the State referring to the antecedents very rightly state that stringent condition need to be imposed in the case at hand and accordingly it is directed that the petitioner shall appear before the Gosaninuagoan police station twice every week at such time as stipulated by the learned Court in seisin over the matter till the conclusion of trial and also petitioner shall not in any way try to intimidate either the victim or her family. 8.
It shall be open to the informant to either approach the Court in seisin over the matter/this Court, in the event there is any threat perception from the petitioner or any of his sympathizers. 9.
Accordingly, the BLAPL stands disposed of.
10.
Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi