Bijay Kumar Mohanty @ Balia vs State Of Odisha

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 as well as learned counsel for the informant.

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.03 of 2021 arising out of Parlakhemundi P.S. Case No.12 of

2021 pending in the Court of learned Special Judge â€"cum- Addl. Sessions Judge, Gajapati for offences punishable under sections 341/294/354-

A/354-C/354-D/506 of the Indian Penal Code read with section 12 of the POCSO Act.

The petitioner moved an application for bail before the Court of learned Spl. Judge, Paralakhemundi which was rejected on 06.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 16.01.2021 and he has been charge sheeted under

sections 341/294/354-A/354-C/354-D/506 of the Indian Penal Code read with section 12 of the POCSO Act and in view of the nature of accusation

against the petitioner and the period of detention of the petitioner in judicial custody particularly the age of the petitioner who is a young boy of

nineteen years, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the 164 Cr.P.C. of the victim.

Learned counsel for the informant also opposed the prayer for bail and submitted that the victim was kidnapped by the petitioner for which a case

was registered against him and after being released on bail in that case, he has committed these offences and it means that he has misutilised his

liberty and there is every chance of his tampering with the evidence and therefore, his bail application should be rejected.

Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the young age of

the petitioner and the period of detention of the petitioner in judicial custody and the fact that the charge sheet has already been submitted, I am

inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with

two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the

learned Court may deem just and proper with further conditions that the petitioner shall not try to come in 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 fixed 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.

.……………………………