Sankar Naik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7823 of 2021 Sankar Naik ....
Petitioner Mr. M.K. Mohapatro, Advocate -versusState of Odisha ....
Opposite Party Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
23.02.2022 02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Despite notice issued on the informant, none appears for the informant when the matter is called.
3.
Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary, the statement of the victim recorded under Section 164, Cr.P.C. and other relevant documents on record. 4.
This is an application under Section 439 of the Criminal Procedure Code.
5.
The Petitioner is an accused in C.T. Case No.48 of 2021 arising out of Thuamul Rampur P.S. No.64 of 2021 pending in the court of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Bhawanipatna for commission of offence punishable under Sections 363/376(2)/506, I.P.C. read with Section 6 of the POCSO Act, 2012. 6.
Learned counsel for the Petitioner submits that the Petitioner is in custody since 10.06.2021 and in the meantime, charge-sheet has already been submitted under Sections 363/376/511/506, I.P.C. read with Section 12 of POCSO Act, 2012. He further submits that the statement of the victim recorded under Section 164, Cr.P.C. wherein she has not stated
// 2 // about the commission of rape. Further, learned counsel for the Petitioner submits that the Petitioner is the same locality and there is no scope for absconding or fleeing from the hands of the justice. 7.
Mr. Mohanty, leaned Additional Standing Counsel for the State, vehemently, opposes the prayer for bail of the Petitioner and submits that the victim is also a minor girl of 13 years. Therefore, he submits that no leniency be shown to the Petitioner and as such, he prays for rejection of the bail application of the Petitioner.
8.
Having heard the learned counsels for the parties, considering the nature of allegation and the period of custodial detention of the Petitioner, it is directed that let the Petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioner shall not be involved in any offence of similar nature, he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses or the victim or her family members in any manner whatsoever, shall not make any default in attending the court during trial on each date, he shall not make any attempt to come in contact with the victim and shall appear before the concerned Police Station once in a week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. till conclusion of trial. Violation of any of the terms and conditions shall entail cancellation of bail.
9.
It is open for the court in seisin over the matter to impose other conditions may deem just and proper.
10.
The Bail Application is accordingly disposed of. 11.
Urgent certified copy of this order be granted on proper application.
Jagabandhu ( A.K. Mohapatra ) Judge
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