Page 1 of 2

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10434 of 2021

Babula Sethi@Babu Behera

….

Petitioner

Mr. B.N. Mahapatra, Advocate

-versus-

State of Orissa

….

Opposite Party

Ms. S. Mishra, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

29.03.2022

Order No.

02.

1. This is an application under Sec.439 Cr.P.C. for bail and the

offences alleged are under Secs.363/354-A/342/376(2)(n)/506,

I.P.C. and Sec.6 of the POCSO Act as per the charge-sheet dated

9.5.2019.

2. Heard Mr. B.N. Mahapatra, learned counsel for the Petitioner

as well as Ms. S. Mishra, learned A.S.C. for the State-Opposite

Party.

3. It is submitted that the Petitioner, who is a young boy aged

about 23 years, is inside custody since10.7.2019 and in the

meantime 6 witnesses including the victim have already been

examined in course of trial. It is further submitted that the victim

and the Petitioner were in love relationship and stayed together at

Hyderabad.

Page 2 of 2

4. The copies of the depositions of some witnesses including

P.W.5 (victim) have been filed by the Petitioner, which are kept

on record.

5. After hearing learned A.S.C. for the State-Opposite Party and

upon perusal of the evidence of the victim (P.W.5) as well as the

circumstances of the case, it is directed to release the Petitioner

on bail in connection with Chatrapur P.S. Case No.102/2019

corresponding to G.R. Case No.84/2019 on such terms and

conditions to be fixed by the learned Additional District Judge-

cum-Special Judge (POCSO), Berhampur as he deems just and

proper including the condition that the Petitioner shall not

dissuade any witness directly or indirectly by way of inducement,

threat or promise acquainted with the facts of the case from

disclosing such facts before the court or tamper with the evidence

and shall attend the trial court on each date fixed.

6. The BLAPL is disposed of.

7. An urgent certified copy of this order be granted on proper

application.

( B.P. Routray)

Judge

B.K. Barik