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Orissa High CourtBLAPL/1774/2021disposed off

Gajanana Behera @ Gajendra v. State Of Odisha

2022-07-19Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1774 of 2021 Gajanana Behera @ Gajendra ....

Petitioner Mr. B.K. Ragada, Advocate -versusState of Odisha ....

Opposite Party Mr. G.N. Rout, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

19.07.2022 Order No.

03.

1.

This matter is taken up hybrid arrangement (virtual/physical) mode.

2.

This is the second journey of this petitioner, who is in custody in connection with Jatni P.S. Case No.47 of 2019 corresponding to T.R. Case No.88 of 2019 pending in the Court of the learned Additional Sessions Judge, Bhubaneswar for offence punishable under sections 354A/354-B/354-D/306, I.P.C. read with section 10 of the POCSO Act in filing this application under section 439, Cr.P.C. for his release on bail. 3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on records including the depositions of the witnesses as those stand against the Petitioner with other surrounding circumstances as also the period of detention of the Petitioner in custody, while being inclined to reconsider the prayer for bail of this petitioner; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case

// 2 // with further conditions that he will not terrorize or threaten the prosecution witnesses; and will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial. 5.

The BLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D. Dash) Judge Himansu