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  4. 2024/
  5. August

Ranjan Behera @ Atul vs. State of Odisha

Decided on 31 August 2024• Citation: ABLAPL/9216/2024• High Court of Orissa
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                       IN THE HIGH  COURT  OF ORISSA  AT CUTTACK                  
                                  ABLAPL  No.9216 of 2024                         
                                               .....                              
                  Ranjan Behera @ Atul                          Petitioner        
                                                       Represented By Adv. -      
                                                       Jyotirmaya Sahoo           
                                          -versus-                                
                                               .....                              
                  State Of Odisha                         Opposite Parties        
                                                       Represented By Adv. -      
                                         CORAM:                                   
                        THE HON'BLE  MR.  JUSTICE ADITYA  KUMAR                   
                                      MOHAPATRA                                   
                                         ORDER                                    
                                        31.08.2024                                
                  Order No.                                                       
                  1.  1.    This  matter  is taken  up   through  Hybrid          
                      Arrangement (Virtual /Physical Mode).                       
                      2.    Heard learned counsel for the Petitioner as well as   
                      learned Additional Standing Counsel for the State.          
                      Perused the records.                                        
                      3.    This is an application under Section 482 BNSS,        
                      2023 filed by the Petitioner for anticipatory bail, involving
                      offence punishable under Sections 452,294,323, 354(B),      
                      509, 506/34 of the Indian Penal Code read with section      
                      12 of POCSO Act.                                            
                      4.     Considering the seriousness of the allegation,       
                      gravity of the offence and the fact of the case, although I 
                      am not inclined to grant anticipatory bail to the Petitioner
                                                               Page 1 of 3.       

                      however it is observed that, in the event the Petitioner    
                      surrenders and moves  for bail before the learned 4th       
                      Additional Sessions Judge, POCSO, Khurda in T.R.Case        
                      No.351 of 2024 arising out of Banpur P.S.Case No.222        
                      of 2024  within a period of three weeks from today, he      
                      shall be released on bail on such terms and conditions as   
                      the learned Magistrate may deem just and proper in the      
                      facts and circumstances of the case. Release of the         
                      Petitioner shall be subject to the following conditions:    
                            i)   shall not indulge in similar nature of offence   
                                 while on bail;                                   
                            ii)  shall cooperate with the investigation and       
                                 appear before the I.O. as and when required      
                                 for the purpose of investigation;                
                            iii) shall not threaten, influence, harass or         
                                 defame    the informant and  her family          
                                 members                                          
                            iv)  shall appear before the concerned Police         
                                 Station once in a  week   preferably on          
                                 Sunday  between 10  A.M. to 1 P.M. for a         
                                 period of two months and thereafter once in      
                                 a fortnight for a period of two months           
                            v)   In the event violation of any of the conditions, 
                                 particularly if the Petitioner commits the       
                                 same offence against the victim, it is open to   
                                 the trial court to proceed  against the          
                                 Petitioner and taken him to custody.             
                      5.    The ABLAPL is disposed of accordingly.                
                                                               Page 2 of 3.       

                      6.    Issue urgent certified copy of this order as per      
                      Rules.                                                      
                                           ( ADITYA KUMAR  MOHAPATRA)             
                                                     JUDGE                        
                  RKS                                                             
                  Signature Not Verified                                          
                                                               Page 3 of 3.       
                  Digitally Signed                                                
                  Signed by: RAMESH KUMAR SINGH                                   
                  Reason: Authentication                                          
                  Location: High Court of Orissa                                  
                  Date: 02-Sep-2024 15:34:29