Jagdish Acharya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6653 of 2022 Jagadish Acharya ....

Petitioner Mr. Jajati Keshari Khuntia, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

08.08.2022 Order No.

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 354, I.P.C. read with Section 8 of the POCSO Act. 4.

Considering the seriousness of allegation, gravity of the offence and facts of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, considering the fact that there is longstanding dispute between the two families and both the families are related to each other, and the fact that the Petitioner is a young boy aged about 24 years, it is observed that, in the event the Petitioner surrenders before the learned Special Judge (POCSO), Balasore in Spl. Case No.122 of 2022 corresponding to Balasore Sadar P.S. Case No.160 of 2022 within a period of three weeks from

// 2 // today, the Petitioner shall be released on bail on such terms and conditions as the learned Special Judge deem just and proper in the facts and circumstances of the case, but subject to the further conditions that the Petitioner shall not threaten, terrorise, influence, ill-treat or harass the Informant, her family members or the prosecution witnesses in any manner whatsoever. Violation of any of the conditions shall entail cancellation of the bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida