Prasanta Kumar Padhi 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 and learned counsel appearing for the Informant. 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. Special Case No.15 of 2024, arising out of Malkangiri P.S. Case No.228 of 2024, pending in the Court of learned Addl Session-Judge Cum-Special- Judge Malkangiri for alleged commission of offence punishable under Sections 354-A/354-D/) IPC r/w sec 10/12 of 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 21.03.2024. Learned counsel for the Petitioner submitted that in the meantime the investigation has been concluded and final charge sheet has been filed. Further contended that the Petitioner has been falsely implicated in the present case. Further contended that the Petitioner does not have any criminal antecedent. 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 counsel for the Informant on the other hand filed an affidavit. On the basis of such affidavit, it was contended that the informant does not want to object the release of the Petitioner on bail. Further submitted that the present F.I.R. has been registered due to misunderstanding between the Petitioner and the informant.

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 serious in nature. Further submitted in the event the Petitioner is released on bail, the same would cause delay in conclusion of the trial. Therefore, on such ground, learned counsel for the State submitted that the bail application of the 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 subject to imposition of stringent conditions.

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.

The BLAPL is, accordingly, disposed of.

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