Kama Lochan Bindhani @ Kamal Lochan Bindhani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10076 of 2021 Kama Lochan Bindhani@Kama Lochan Bindhani and others ....

Petitioners Mr. S. Dwibedi, Advocate -Versus - State of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 19.01.2022 1.

This matter is taken up through virtual mode. Order No.

01.

2.

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

3.

The petitioners are in custody since 23.10.2021 in connection with Dabugaon P.S. Case No. 167 of 2021 corresponding to G.R. Case No. 640 of 2021 pending in the court of learned J.M.F.C., Umerkote for the alleged commission of offence under Sections 370(3)/370(5) of IPC. 4.

It is alleged that the petitioners received commission from a labour contractor and engaged several workmen in a brick making unit in the State of Telengana. Upon receipt of information the staff of Dabugaon Police Station visited Telengena and rescued the workmen. The case record reveals that except for the allegation of receipt of commission, no other specific overt act has been attributed to the petitioners to show that they had any criminal intent in the matter.

5.

Having regard to the submissions made, the materials on record, the period of detention already undergone, 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 they shall appear before the IIC of Dabugaon Police Station on every Monday at 10. 30 A.M. till submission of final form.

6.

The BLAPL is accordingly disposed of.

7.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge B.C. Tudu