Gagan Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5461 of 2022 Gagan Sahoo ....

Petitioner Mr. B.K. Behera, Advocate - Versus - State of Orissa ....

Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.06.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

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

3.

The petitioner is in custody since 05.05.2022 in connection with Bhubaneswar Mahila P.S. Case No.394 of 2014 corresponding to T.R. Case No.137 of 2014 pending in the Court of learned Adhoc Addl. Sessions Judge, Fast Track Special Court (POCSO), Bhubaneswar for the alleged commission of offence under Sections 341/294/323/324/325/ 506/34 of IPC.

4.

The petitioner was earlier granted bail by the learned Sessions Judge, Bhubaneswar on 04.02.2015. Subsequently, for his non-appearance, NBW was issued, which was executed on 05.05.2022.

5.

It is submitted that the petitioner could not appear on the date fixed because of communication gap between him and his lawyer as also because of the fact that he was suffering from Covid-19.

6.

Considering the submissions as above and the fact that the petitioner was earlier on bail, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana