Jagabandhu Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.7382 OF 2021 Jagabandhu Samal ....

Petitioner Mr. J. Behera, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K. Nayak, AGA.

CORAM:

MR. JUSTICE D.DASH

ORDER

21.07.2022 03.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

Learned Counsel for the Petitioner submits that here in the case, this Petitioner being the father of accused Debendra Samal against whom the allegations as to commission of principal offence run and this Petitioner has been unnecessarily arraigned in the case being falsely assigned with the role having no nexus with the commission of the said offence. It is further submitted that the attempt to implicate this Petitioner in the above manner is only to harass him. In view of all the above and in the absence of any such impediment; he urges for grant of anticipatory bail to the Petitioner. 3.

Learned counsel for the State does not dispute the position that here as against accused-Debendra, the allegations in respect of commission of the principal offence runs. He, however, opposes the move in view of the role said to have been played by the Petitioner.

4.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding

// 2 // circumstances of the case as also concerning the Petitioner and in the absence of any other impediment, it is directed that in the event the Petitioner surrenders before the court in seisin of the case in connection with Cuttack Sadar P.S. Case No.243 of 2021 corresponding to Special G.R. Case No.53 of 2021 on the file of learned Special Court under POCSO Act, Cuttack within two weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.

5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan