Sharukh Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10308 of 2021 Sharukh Khan & Anr.

...

Petitioners Mr. B. Maharatha, Advocate - Versus - State of Odisha ...

Opposite Party Ms. S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.01.2022 Order No.

1.

1.

This matter is taken up through virtual mode. 2.

Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

3.

The petitioners are in custody since 11.07.2021 in connection with Adava P.S.

Case No.73 of corresponding to S.T. Case No.43 of 2021 pending in the Court of learned Asst. Sessions Judge, R. Udayagiri for the alleged commission of offence under Sections 363/34 of IPC. 4.

It is alleged that both the petitioners forcibly kidnapped the victim girl and took her in a Bolero vehicle and threatened to kill her on the point of a knife. Subsequently, however, the victim girl was rescued. It is submitted that the case has been foisted falsely as the victim was in love with the petitioner no.1 and had eloped on her own consent.

5.

Having regard to the submissions, the materials on record, period of detention already gone and the fact that charge sheet has already been submitted, I am inclined to allow the prayer for bail. Let the petitioners be released on bail on such terms

and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that they shall not approach, threaten, coerce or pressurize the victim in any manner whatsoever and they shall personally appear before the trial court on each date of posting of the case, failing which it would be open to the trial Court to pass necessary adverse orders as it may deem fit and proper.

6.

BLAPL is accordingly disposed of.

7.

As the restrictions due to resurgence of Covid-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587, dated 25th March, 2020, modified by Notice No. 4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge A.K. Rana