Orissa High Court
Ramakanta Behera vs State Of Odisha …. Opposite Party on 20 December, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12519 of 2024
Ramakanta Behera .... Petitioner
Mr. P.K. Mohapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panda, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
20.12.2024
Order No.
01. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with
C.T.(S) Case No.266 of 2024 pending on the file of
learned Adhoc Addl. District & Sessions Judge (FTSC),
Dist-Angul arising out of Bagedia P.S. Case No.147
of 2024 for commission of offence alleged under
Sections 376(2)(n)/294/506/354(D) of IPC read with
Section 66(E)/67 of the I.T. Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
case is pending in any other Court.
4. Being aggrieved by the rejection of his
application for bail U/s.483 of the Bharatiya Nagarik
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Suraksha Sanhita (BNSS) by the learned Adhoc Addl.
District & Sessions Judge (FTSC), Dist-Angul by order
dated 04.12.2024 in the aforementioned cases, the
present BLAPL has been filed.
5. This is the second journey of the Petitioner to
this Court. Earlier bail application of the Petitioner i.e.
BLAPL No.8581 of 2024 was rejected by this Court by
order dated 05.10.2024.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 23.07.2024 and as
charge sheet has already been filed on 19.09.2024,
Petitioner may be released on bail.
7. Learned counsel for the State opposes the
prayer for bail in view of the charge sheet, inter alia,
referring to one under the I.T. Act.
8. Perused the 164 Cr.P.C. statement of the
victim.
9. Considering the same and filing of charge
sheet, this Court directs the Petitioner to be released
on bail on such terms to be fixed by the learned Court
in seisin.
10. Additionally, it is directed that the Petitioner
shall appear before the jurisdictional police station
once every week on such date and time to be fixed by
the learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin.
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11. It is further directed that the Petitioner shall
not in any way try to intimidate the victim and/or her
family member.
12. It shall be open to the prosecution as well as
victim to seek variance of this order, in case there is
any threat perception.
13. Accordingly, the BLAPL stands disposed of.
14. Urgent certified copy of this order be granted
as per rules.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 23-Dec-2024 15:26:15
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