Sridhara Majhi vs State Of Odisha

D.Dash, J

1.This matter is taken up by video conferencing mode.

2. The Petitioner being in custody in connection with Kesinga P.S. Case No.49 of 2019 corresponding to C.T. Case No. 47/73 of 2020 on the file of

learned Addl. Sessions Judge-cum-Special Court, Bhawanipatna, running for commission of offence under Section 363/366 of the IPC read with

Section-12 of the POCSO Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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

4. Taking into account the submissions made; further keeping in view the materials on records including the statement of the victim as those stand

against the Petitioner with other surrounding circumstances as also the period of detention of the Petitioner in custody and on going through the order

passed by the learned Special Judge; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case

on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will not terrorize or threaten

the prosecution witnesses; and will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.

Violation of any of the above condition(s) shall entail cancellation of bail.

5. The BLAPL is accordingly disposed of.

6. 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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