Gatikrushna Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13362 of 2022 Gatikrushna Rout ....

Petitioner Mr. L.N. Rayatsingh, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.10.2022 01.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with T.R. Case No.439 of 2022, arising out of Nayapalli P.S. Case No.657 of 2022 pending in the court of learned court of POCSO, Bhubaneswar for commission of offences punishable under Sections 67/67-A of the I.T. Act and Section 12 of the Protection of Children From Sexual Offence Act, 2012.

5.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the

// 2 // aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.

while on bail, he shall not indulge in similar criminal activities as has been alleged in the F.I.R. lodged by the parents of the students henceforth and he shall extremely careful while on taking online classes. In the event any similar offence find out against the petitioner, learned court below shall proceed against the petitioner in accordance with law and this order shall stands revoked automatically.

Violation of any of the terms and conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu