High CourtsSingle Bench

Bhagirathi Barik @ Brahma vs State Of Odisha

Orissa High Court · Decided on 29 June 2021 · Citation: (2021) 06 OHC CK 0122

HON’BLE JUDGES
S. K. Sahoo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 161, 439 · Indian Penal Code, 1860 — Section 363, 366A
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4703 Of 2021
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Judgment

20 paragraphs · 352 words

S. K. Sahoo, J

This matter is taken up by video conferencing 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 G.R. Case No.554 of 2021 arising out of Khurda Sadar P.S. Case No.75 of

2021 pending in the Court of learned S.D.J.M., Khurda for offences punishable under sections 363/366(A) of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned 2nd  Addl. Sessions Judge, Khurda which was rejected on 18.06.2021.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 18.05.2021 and the victim in

her 161 Cr.P.C. statement specifically stated that the petitioner had not kept any physical relationship and she was also not interested for medical

examination and after going through the statement of the victim 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 subject to conditions that the petitioner shall not try to keep any contact with the victim or tamper with the prosecution evidence

in any manner and he shall appear before the learned trial Court on each date when the case would be posted for trial.

Violation of any terms and conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

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 as modified by Court's Notice No. 4798 dated 15th April 2021..

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