Mitika Nahak vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.19 of 2024, arising out of Polasara P.S. Case No.107 of 2024, pending in the Court of learned Addl. Sessions Judge-cum-Special Court (POCSO), Berhampur for alleged commission of offence punishable under Sections 452/354-A/506 of IPC read with Section 8 of the POCSO Act.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 16. 02.2024. He further contended that investigation has been concluded and the final charge sheet has already been filed on 28.03.2024. In course of his argument, he further referring to the allegations made in the F.I.R. submitted that there is no allegation of any sexual assault by the Petitioner. Further contended that on the basis of the allegations made in the F.I.R., no case is made out against the present Petitioner. He further submitted that the Petitioner does not have any similar criminal antecedents. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are very heinous in nature. He further contended that victim and the Petitioner are related to each other. Further, submits that in the event the Petitioner is released on bail there is a possibility that he might indulge in similar criminal offences. Therefore, on such ground, the bail application of Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter shall be subjection to following other conditions:-

I) he shall not indulge in similar nature of offences while on bail;

II) shall not harass, threaten, terrorize, influence the informant and the victim or her family members in any manner whatsoever;

III) shall not enter into the house of the informant at any point of time and shall make no attempt to contact with the victim in any manner whatsoever; and

IV) shall appear before the Trial Court on each and every date fixed by the Court below without fail.

Violation of any other conditions shall entail cancellation of the bail application.

The BLAPL is, accordingly, disposed of..

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