Shiba Kadraka v. State of Odisha
Case brief
What is this about?
High Court of Orissa at Cuttack, BLAPL NO.7213 OF 2024, order dated 13.12.2024, A.C. Behera J. (author): bail granted under Section 483 of the BNS, 2023 to petitioner Shiba Kadraka (counsel Arijeet Mishra), in custody since arrest on 07.06.2024, booked under Sections 366/376(2)(n)/376(3)/498A/323/506 IPC read with Sections 4(2)/6 POCSO Act in Bandhugaon P.S. Case No.53 of 2024 / G.R. Case No. 573 of 2024 before Additional Sessions Judge-cum-Special Court (POCSO), Jeypore; State represented by AGA Babita Kumari Sahu; victim absent despite notice; bail on Rs.50,000/- bond plus two sureties, conditioned on no repeat offence, attendance at every trial date, and no intimidation of victim/witnesses; rationale: prolonged custody, three-year conjugal life, matrimonial-discord origin of F.I.R.; observations expressly restricted to bail purpose.
What did the court decide?
Release on bail on furnishing bail bond of Rs.50,000/- (Rupees fifty thousand) with two solvent sureties each for the like amount, subject to conditions: (i) not to involve in similar nature of crime in future; (ii) to remain personally present on each date of adjournment before the trial Court till conclusion; (iii) not to terrorize, coerce, influence or threaten prosecution witnesses including the victim/informant and her family members; in case of failure to comply, the learned Court in seisin may cancel the bail order outrightly without seeking permission from this Court.