Orissa High Court
Alok Pradhan @ Kabu vs State Of Odisha .... Opposite Party on 27 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2212 of 2023
Alok Pradhan @ Kabu .... Petitioner
Mr. J. Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
27.04.2023 Order No.
03. 1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant.
2. The petitioner is an accused in connection with T.R. Case No.59 of 2023, pending on the file of the learned Additional Sessions Judge (POCSO), Bhubaneswar, arising out of Tangi P.S. Case No.143 of 2023, for alleged commission of offences under Sections 292(A)/354(A)/354(C)/376(2)(n)/376(3)/294/323/34 of IPC read with Section 6 of POCSO Act and Section 66-E/67/67(b) of I.T. Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge (POCSO)-cum-Addl. Sessions Judge, Bhubaneswar, by order dated 16.02.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 30.01.2023 and as charge sheet has been filed on 28.03.2023, he may be released on bail.
Page 1 of 25. It is further submitted by the learned counsel that the petitioner is the first offender.
6. Learned counsel for the State opposes the prayer for bail.
7. On perusal of the 164 Cr.P.C. statement of the victim, it is borne out that the allegation is against the principal accused Situ Seth and the role ascribed to the present petitioner is giving further publicity to the photographs of the victim.
8. Taking into account the nature of allegation, period of custody and the punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
9. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
10. Accordingly, the BLAPL stands disposed of.
11. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Ayesha Page 2 of 2