Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8361 of 2025 Michak Kulesika …. Petitioner
Mr. Sanjib Kumar Bhanjadeo, Advocate -versus- State of Odisha …. Opp. Party
Mr. Aurobinda Mohanty, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER
12.09.2025
01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 Cr.P.C. in connection Chandili P.S. Case No. 59 of 2022 corresponding to T.R. Case No.21 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- P.O., Special Court under POCSO Act, Rayagada for alleged commission of offences under sections under sections 363/366/376(2)(n)/376(3)/306 of the Indian Penal Code and section 6 read with section 5(1) of POCSO Act, 2012.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge -cum- P.O., Special Court under POCSO Act, Rayagada vide
order dated 28.07.2025.
Learned counsel for the petitioner submitted that the petitioner was granted bail by this Court in BLAPL No.11240 of 2022 as per order dated 16.01.2023 but since he could not attend the Court on the date fixed for trial, non-bailable warrant of arrest was issued against him on 05.12.2023 and he was taken into judicial custody on 02.04.2025 and since then he is in custody. He further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the
learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000/-
(rupees twenty thousand) with one local solvent surety for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial.
Violation of any of the terms and conditions fixed shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo