Choudhury Pupendar Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6449 of 2021 Choudhury Pupendra Singh ....

Petitioner Mr. S. Panda, Advocate -versusState of Odisha ....

Opposite Party Ms. S. Mishra, Additional Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

10.3.2022 Order No.

02.

1.

Heard Mr. S. Panda, learned counsel for the Petitioner and Ms. S. Mishra, learned Additional Standing Counsel. 2.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Choudhury Pupendra Singh in connection with Lephripada P.S. Case No.29 of 2019 corresponding to Special G.R. Case No.14 of 2019 pending in the court of learned Additional Sessions Judge-cum-Special Judge, Sundargarh (POCSO) for alleged commission of offence under Sections 363/366/366-A/370(4)/120B/376(2)(n)/34 of the Indian Penal Code read with Section 6/17 of the POCSO Act and Section 10 of Prevention of Child Marriage Act. 3.

It is submitted on behalf of the Petitioner that he is inside custody since 9th March, 2019 and in the meantime other two coaccused persons, namely Panchami and Bimala have been released on bail by this Court in BLAPL Nos.8266 of 2019 and 6450 of 2021 respectively. It is further submitted that till date trial has not

commenced and the allegations as per the statement of victim against the present Petitioner are not specific.

4.

Upon hearing Ms. Mishra, learned Additional Standing Counsel for State and considering the statement of the victim recorded under Section 164 Cr.P.C. as well as period of detention of the Petitioner inside custody and the fact of release of other two co-accused persons on bail, it is directed to release the present Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence and that, he shall not be involved in any other offence while on bail.

5.

The BLAPL is accordingly disposed of.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda