Allowed

Kadagala Bhaskar Rao v. State of Odisha

Orissa HC10 May 2023BLAPL/1751/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to petitioner Kadagala Bhaskar Rao in an appeal challenging the rejection of his bail application. The Court approved the prayer as the victim and parents had turned hostile, and ordered release on bond.

What did the court decide?

Petitioner allowed to be released on bail via Order No.06 upon furnishing a bail bond of Rs.50,000 with two sureties.

Kadagala Bhaskar Rao Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1751 of 2023

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Kadagala Bhaskar Rao

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Petitioner

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Mr.S.S. Ray-2, Advocate

-versus-

Order No.

State of Odisha & another

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…. Opp. Parties

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Mr.Manoranjan Mishra
Addl. Standing Counsel
Mr. P.Ray, Advocate (for the
informant)
CORAM:
JUSTICE S.K. SAHOO
ORDER
10.05.2023
This matter is taken up through Hybrid

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arrangement (video conferencing/physical mode).

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Mr. P.Ray, learned counsel enters appearance on behalf of the informant and files Vakalatnama in Court today, which is taken on record.

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Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

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This is an application under section 439 of Cr.P.C. in connection with Kasinagar P.S. Case No.59 of 2020 corresponding to G.R. Case No. 26 of 2020

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// 2 //

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pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Paralakhemundi, Gajapati for offences punishable under sections 376DA, 363, 366, 120-B, 292, 292-A of the Indian Penal Code and sections 67(b) and 66E of the Information Technology Act.

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The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -cumSpecial Judge, Paralakhemundi vide order dated 25.01.2023.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 10.08.2020 and his earlier bail application in BLAPL No. 6664 of 2022 was rejected as per order dated 03.11.2022 and he was given liberty to renew the prayer for bail after examination of the victim in the learned trial Court. He further submitted that the victim has been examined in the learned trial Court as P.W.1, who has not supported the prosecution case for which she has been declared hostile by the prosecution. He further submitted that even the informant who has been examined as P.W.2 and the father of the victim who has been examined as P.W.3 have not supported the prosecution case, for which they have been declared hostile by the prosecution. Learned counsel further submitted that in view of the change in the circumstances after rejection of the earlier bail

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application, the bail application of the petitioner may be favourably reconsidered. Learned counsel for the petitioner has annexed the evidence copy of the witnesses examined so far in the learned trial Court.

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Learned counsel for the State after going through the evidence, does not dispute the same.

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Learned counsel for the informant has no objection for grant of bail to the petitioner.

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Considering the submissions made by the learned counsel for the respective parties, the evidence adduced so far in the learned trial Court and since neither the victim nor her parents have supported the prosecution case and the change in the circumstances after rejection of the earlier bail application and taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct release him on bail.

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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 learned Court in seisin over the matter with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court when the

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case would be posted for trial and shall not try to tamper with the prosecution witnesses. Violation of any of the conditions shall entail cancellation of bail. Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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PRAMOD KUMAR SAHOO

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PKSahoo

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Digitally signed by ( S.K. Sahoo)
PRAMOD KUMAR SAHOO
Date: 2023.05.12
Judge
11:07:30 +05'30'

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Kadagala Bhaskar Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kadagala Bhaskar Rao v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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