Kuna @ Amit Nayak @ Amit v. State of Odisha
Case at a glance
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Key paragraphs
- Para 55. Accordingly, it is ordered. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned Additional District & Sessions Judge-cum-Special Judge POCSO, Jajpur in connection with…
Judgment
Mr. S.K. Mishra, Advocate -Versus- State of Odisha Opposite Party Mr. S. Panda, ASC …. CORAM: MR. JUSTICE R.K. PATTANAIK Order No.
#2. ORDER 20.07.2026 Heard learned counsel for the respective parties. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Binjharpur P.S. Case No.304 of 2022 corresponding to C.T. SPL (POCSO) Case No.67(A) of 2022 pending in the file of learned Additional District & Sessions Judge-cum-Special Judge POCSO, Jajpur on the grounds stated.
#3. Perused the FIR as at Annexure-1. A copy of the chargesheet is at Annexure-2 series. Referring to Annexure-3, a copy of the acquittal order in respect of the principal accused, namely, Alekha Das, it is submitted that the petitioner should be allowed to go on bail under the changed circumstance despite the earlier order in the ABLAPL dated 4th January,
#2023. Recorded the submission of Mr. Panda, learned ASC for the State. The chargesheet was filed in the year, 2023. In fact, a missing report was lodged by the informant and ultimately led to filing of the chargesheet under Section 376(2) (n) I.P.C. and Section 6 of the POCSO Act with other allied offences. But as earlier stated, the main accused named above has been acquitted by a judgment dated 9th August, 2024 in CT SPL POCSO No.67 of 2022. In so far as the petitioner is concerned, he said to have assisted the other accused in the alleged kidnapping of the minor but considering the acquittal order i.e. Annexure-3, recording the objection of the State, this Court, notwithstanding the order in ABLAPL No.16590 of 2022 at Flag-B against the petitioner, is inclined to direct him to surrender before the learned court below for being released with suitable conditions imposed.
#5. Accordingly, it is ordered. In the result, the ABLAPL is disposed of with the direction as aforesaid. It is further directed that in the event, the petitioner surrenders before the court of learned Additional District & Sessions Judge-cum-Special Judge POCSO, Jajpur in connection with C.T. SPL (POCSO) Case No.67(A) of 2022 corresponding to Binjharpur P.S. Case No.304 of 2022 within a fortnight from today, he shall be released on bail upon furnishing a bail bond of Rs.20,000/-(rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed by learned court below as deemed just and proper in the facts and circumstances of the case.
#6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Balaram Judge
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