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Prakash @ Soumya Ranjan Das vs State Of Odisha

Orissa High Court · Decided on 3 November 2023 · Citation: (2023) 11 OHC CK 0030

HON’BLE JUDGES
Dr. S.K. Panigrahi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 323, 341, 376D, 379, 506 · Protection of Children from Sexual Offences Act, 2012 — Section 10
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4764 Of 2023
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Judgment

17 paragraphs · 365 words

Dr. S.K. Panigrahi, J

I.A. NO.1395 OF 2023 & BLAPL NO.4764 OF 2023

1.

This matter is taken up through hybrid arrangement.

2.

This I.A. has been filed by the Petitioner for grant of interim bail on the ground of illness of his wife.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

The Petitioner is in custody in connection with Special POCSO Case No.96 of 2019 arising out of Chandbali P.S. Case No.274 of 2019 pending in the Court of the learned Special Judge (FTSC), Bhadrak for commission of offences under Sections 341/323/379/506/ 376 D/ 34 of I.P.C and under Section 10 of the POCSO.

5.

At this juncture, learned counsel for the Petitioner submits that the wife of the Petitioner is suffering from breast cancer and she has been under treatment at Acharya Harihar Regional Centre for Cancer Research & Treatment, Cuttack. He further submits that there is no other person available in the family to look after her for treatment.

6.

Learned counsel for the State also confirms the fact of illness of the wife of the Petitioner.

7.

Considering the submissions made on behalf of both the parties and looking to the facts and circumstances of the case, this Court directs that the Petitioner be released on interim bail for a period of one month reckoning from the date of his release on interim bail by the court in seisin over the matter in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin over the matter with further conditions that :-

8.

(I) the Petitioner shall not threaten the victim’s family and shall not influence the witnesses in any manner.

(II) the Petitioner shall not indulge in any criminal activities during this period.

(III) the Petitioner shall not create any untoward situation in public;

(IV) the Petitioner shall surrender before the court in seisin over the matter on or before the exact date of completion of interim bail period.

9.

Violation of any of the conditions shall entail cancellation of the bail

10.

I.A. stands disposed of.

11.

List this matter/BLAPL No.4764 of 2023 on 11.12.2023.

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