✦ Orissa High Court

Manoranjan Mahanta @ v. State of Odisha …. Opp. Parties & Anr.

ORISSA AT CUTTACK BLAPL No. 513 of 2023S K SAHOO3 min read

Case at a glance

Judgment

Mr.Manoranjan Mishra Addl. Standing Counsel CORAM: JUSTICE S.K. SAHOO Order No. ORDER 18.08.2023

04.

This matter 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 Baria P.S. Case No.04 of 2021 corresponding to Special Case No.04 of 2021 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge (POCSO), Keonjhar for offences punishable under section 376(2)(n) of the Indian Penal Code, section 6 of the POCSO Act and section 3(1)(r)(s)/3(2)(va) of the S.C. & S.T. (PoA) Act. The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge // 2 // -cum- Special Judge (POCSO), Keonjhar, which was rejected on 03.01.2023. Learned counsel for the petitioner submitted that the petitioner judicial custody since

25.02.2021 and his first bail application in BLAPL No. 3560 of 2021 was rejected as per order dated

16.08.2021 and the petitioner was given liberty to renew the prayer for bail after examination of the victim. Learned counsel further submitted that the 2nd bail application of the petitioner in BLAPL No. 1582 of 2022 was disposed of on 26.08.2022 and taking into account the fact that the victim has already been examined and the victim has married at another place, the petitioner was granted interim bail for a period of three months as per order dated

26.08.2022. Learned counsel further submitted that after availing the interim bail period, the petitioner has surrendered at right time and therefore, the bail application may be favourably reconsidered. Learned counsel for the State has obtained instruction that not only the victim has been married at another place, but also her child is staying with her. Considering the submissions made by the learned counsel for the respective parties, status of the victim and her child and taking into account the period of detention of the petitioner in judicial custody and the conduct of the petitioner in not flouting the // 3 // conditions of the earlier interim bail order, while not inclining to release the petitioner on bail on merit, I am inclined to release the petitioner on interim bail for a period of three months from the date of release. The petitioner shall surrender before the learned trial Court immediately on expiry of the three months period. For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing 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 terms and conditions as the learned Court may deem just and proper including the conditions that he shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial during the interim bail period. Violation of any of the terms and conditions shall entail cancellation of interim bail. Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 21-Aug-2023 14:09:51 PKSahoo

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