Susanta Behera 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.

This is an application under section 439 of Cr.P.C. in connection with Spl. G.R. Case No.87 of 2020 arising out of Khandapada P.S. Case No.228

of 2020 pending in the Court of learned Addl. Sessions Judge â€"cum- Special Judge, POCSO Act, Nayagarh for offences punishable under sections

363/366/376(2)(n)(3)/34 of the Indian Penal Code read with section 6 of the POCSO Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge â€" cum- Special Judge under POCSO Act,

Nayagarh which was rejected on 02.02.2021.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 08.10.2020 and he has been

charge sheeted under sections 363/366/376(2)(n)(3)/34 of the Indian Penal Code read with section 6 of the POCSO Act and after going through the

statement of the victim who has not stated anything against the petitioner relating to commission of offences under section 376(2)(n)(3) of the Indian

Penal Code or section 6 of the POCSO Act and on hearing the learned counsel for the State, 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 evidence. He shall

appear before the learned trial Court on each date when the case would be posted 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.