Kalia @ Pranakrushna Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12689 of 2022 Kalia @ Pranakrushna Behera ....

Petitioner Mr. A. R. Panda, Advocate -versusState of Odisha .... Opp. Party Mr.Rabi Narayan Mishra Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Special Case No.154 of 2022 arising out of Singla P.S. Case No.194 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Balasore for offences punishable under sections 363/294/380/365/366/376(2)(n)/34 of the Indian Penal Code and section 6 of the POCSO Act. The prayer for bail of the petitioner was rejected by

// 2 // the learned Additional Sessions Judge -cumSpecial Court under POCSO Act, Balasore vide order dated 14.11.2022.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 13.08.2022 and charge sheet has been submitted under sections 363/294/380/365/366/ 376(2)(n)/34 of the Indian Penal Code and section 6 of the POCSO Act and after going through the statement of the victim, who stated about her marriage with the petitioner and residing with the petitioner at different places like Bangalore, Visakhapatnam and Gujarat and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM

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