Abinash Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5773 of 2022 Abinash Nayak ....

Petitioner Mr. G. Behera, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.07.2022 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 01.05.2022 in connection with Cyber Crime P.S. Case No.6 of 2022 corresponding to G.R. Case No.537 of 2022 of the Court of learned J.M.F.C., (City), Cuttack for the alleged commission of offence under Sections 419/420/467/468/471/120-B/34 of IPC read with Section 66(C)/66(D) of I.T. Act, 2000.

4. The petitioner is the salesman of a shop which deals with preactivated SIM cards. It is alleged that using the same SIM cards several cases of cyber crime have been reported. There is no such material to show that the petitioner was in any manner involved in any such fraud.

5. Considering the submissions as above, materials on record and the period of detention in custody, 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. Further he shall make himself available as and when required by the I.O. and shall fully cooperate with the investigation.

6. BLAPL is accordingly disposed of.

7. Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana