Pritilata Mallick Vs State of Odisha

The Petitioner being in custody in G.R. Case No.520 of 2019, arising out of Jagatpur P.S. Case No.118 of 2019 pending in the court of Additional District Judge-CumPOCSO Court, Cuttack, has filed this petition for her release on bail. The offences alleged against the Petitioner are punishable under Sections 341/323/294/417/384/378/506 read with Section 34 of the I.P.C. and Sections 6 & 17 of POCSO Act.

As it appears, the husband of the Petitioner is not arrested yet and the Petitioner is in custody since two years. So also the victim has not been examined.

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Considering the facts and submissions made, though the prayer for bail was rejected earlier vide BLAPL Nos.6311 & 8540 of 2019, this Court directs that the Petitioner be released on interim bail for a period of ninety days from the date of her release in the aforesaid case by the court in seisin over the matter on such terms and conditions as the trial court may deem it just and proper to ensure return of the Petitioner to custody on the 91^st day of her release.

However, the trial court is directed to secure the attendance of the witnesses in this case for proceeding with the trial in the meanwhile. The Petitioner shall remain present on the date fixed and shall not make any contact or terrorize the prosecution witnesses while on parole pursuant to this order.

(S. Pujahari)

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Judge

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RKS

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Pritilata Mallick v. State of Odisha