Bichitra Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9410 of 2022 Bichitra Mandal ....

Petitioner Mr. S.K. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

12.10.2022 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 an accused in connection with G.R. Case No.110 of 2022, pending in the Court of learned Special Judgecum-Additional District and Sessions Judge, Berhampur arising out of Baidyanathpur P.S. Case No.18 of 2022, for alleged commission of offences under Sections 363/ 366/ 366A/ 370A/ 370(4)/ 373/ 376(2)(n)/344/120B of IPC and Section 6/17 of the POCSO Act and under Section 3/4/5/6/7(1-A)9 of the Immoral trafficking (Prevention) Act.

4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cumSpecial Court under POCSO Act, Berhampur by order dated

14.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the nature of allegation and the role ascribed to the petitioner and keeping in view that the petitioner is a lady, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 7.

While enlarging the petitioner on bail the learned court below shall verify assertion regarding her criminal proclivity. If it comes to the fore that the petitioner has any criminal antecedent this order shall stand recalled.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi