Orissa High Court
Titu @ Pradeep Majhi vs State Of Odisha ... Opp. Party on 24 February, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No.815 of 2021
Titu @ Pradeep Majhi ... Petitioner
-Versus-
State of Odisha ... Opp. party
02. 24.02.2021 This matter is taken up through Hybrid
arrangement (video conferencing/physical 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 G.R. Case No.68 of 2016
arising out of Kabisuryanagar P.S. Case No.154 of 2016
pending in the Court of learned Additional Sessions Judge
-cum- Special Court under POCSO Act, Berhampur for
offences punishable under sections 376(2)(n)/294/506 of
the Indian Penal Code red with section 6 of the POCSO
Act.
The petitioner moved an application for bail
before the Court of learned Additional Sessions Judge
-cum- Special Court under POCSO Act, Berhampur which
was rejected on 25.01.2021.
Learned counsel for the petitioner submits that
the petitioner was on bail but due to non-taking of steps
in the Court below on the date fixed, non-bailable
warrant of arrest was issued against him, by virtue of
which he was taken into custody since 08.01.2021. It is
further submitted that the petitioner is ready and willing
to cooperate with the learned trial Court for early
disposal of the case and therefore, the bail application
may be favourably considered.
Learned counsel for the State opposed the prayer
for bail.
Considering the submissions made by the
learned counsel for the respective parties and the fact
that the petitioner was earlier on bail and now he is in
custody, taking into account the period of detention of
the petitioner in judicial custody, 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/-
(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 to ensure his presence during trial with further
conditions that the petitioner shall appear before the
learned trial Court on each date when the case would be
fixed for trial. Violation of any of the terms and
conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
.............................
S.K. Sahoo, J.
RKM