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Orissa High CourtBLAPL/10310/2022allowed

Kanhu Charan Behera v. State Of Odisha

2022-11-10Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10310 of 2022 Kanhu Charan Behera ....

Petitioner Mr. P.C. Acharya, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC Mr. B. Barik, Adv. (Informant) CORAM: JUSTICE V. NARASINGH

ORDER

10.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant. 3.

The Petitioner is an accused in C.T. Case No.1492 of 2022 pending on the file of learned S.D.J.M., Baripada, arising out of Cyber Crime & Economic Case No.24 of 2022, for commission of offence under Sections 419/420/465/467/468/471/34 IPC and Section 66(C)/66(D) of the I.T Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Baripada by order dated 20.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the affidavit of the Informant, which is on record, that the Informant has no grievance so far as complicity of the Petitioner is concerned, and that the matter has been settled out of court, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter. Before doing so, learned court in seisin is requested to examine as to whether Informant has submitted the affidavit before this Court out of free will.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS