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2025 DAILYLAW 12596 (ORI)

NIRUPAMA SAMAL v. STATE OF ODISHA

ABLAPL/1302/2025 · 2025-03-18

V Narasingh

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1302 of 2025 1. Nirupama Samal 2. Batakisto Samal @ Hrudananda Samal …. Petitioners Mr. P.K Barik, Advocate -versus- State of odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 18.03.2025 02. 1. Heard learned counsel for the Petitioners and learned counsel for the State. 2. The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.595 of 2020, pending in the Court of learned ADJ-cum-Spl. Court POCSO, Bhadrak, arising out of Bhandaripokhari P.S. Case No.61 of 2020 for commission of alleged offences under Section-363, 366-A, 342, 294, 506, 376(3), 376(2)(n)/ 34 of I.P.C. r/w Section 6 of POCSO Act. 3. It is submitted by the learned counsel that the principal accused has since been released on bail by the learned Court in seisin by the order dated 16.12.2024 in Spl. POCSO No.70 of 2023, the Petitioners seek release on the ground of parity. p. 2 4. It is further submitted by the learned counsel that the victim has married the son of the Petitioners and they have blessed with two children. Hence, the Petitioners may be protected by pre-arrest bail. 5. Learned counsel for the State opposes such prayer. 6. Taking into account that the principal accused has already been released on bail and the role ascribed to the present Petitioners, who are the parent of the principal accused and the filing of the charge sheet on 01.03.2025, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature. 7. If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to. 8. It is needless to state that the Petitioners shall cooperate with the ongoing investigation. 9. Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof. p. 3 10. Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Judge Soumya