Manoranjan Swain@Manu Vs State of Odisha

BLAPL No.1237 of 2019

20.03.2019 Heard learned counsel for the petitioner and the learned counsel for the State.

This is an application under section 439 Cr.P.C. in connection with Special Case No.12 of 2019 arising out of Khaira P.S. Case No.07 of 2019 pending in the Court of learned Addl. Sessions Judge –cum- Special Judge, Balasore for offences punishable under sections 341/342/ 354-A(1)(i)/506 of the Indian Penal Code read with section 12 of the POCSO Act.

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The petitioner moved an application for bail before the Court of learned Special Judge, Balasore which was rejected on 29.01.2019.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 19.01.2019 and charge sheet has been submitted under sections 341/342/354-A(1)(i)/506 of the Indian Penal Code read with section 12 of the POCSO Act and after going through the statements of the victims and charge sheet produced by the learned counsel for the petitioner and taking into account the nature of punishment provided for the offences and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a 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

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Court may deem just and proper with further condition that the petitioner shall not try to come in contact with the victims or try to tamper with the evidence. Violation of any of the conditions imposed by this Court or by the learned Court below shall entail cancellation of bail.

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………….. S. K. Sahoo, J.

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Manoranjan Swain@Manu v. State of Odisha

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Manoranjan Swain@Manu v. State of Odisha

Case brief

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What the court decided

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