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Orissa High CourtBLAPL/10158/2021disposed off

Jagabandhu Parida@ Jaga Parida v. State Of Odisha

2022-01-20Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.10158 OF 2021 Jagabandhu Parida @ Jaga Parida ....

Petitioner Mr. P.K. Samantaray, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC.

Mr. Bamadev Baral, Advocate (Informant)

CORAM:

MR. JUSTICE D.DASH

ORDER

20.01.2022 01.

1.

This matter is taken up through video conferencing Order No.

mode.

2.

The Petitioner being in custody in connection with Tigiria P.S. Case No.124 of 2021 corresponding to Special G.R. Case No.116 of 2021 on the file of learned Additional Sessions Judge-cum-Special Court under POCSO Act, Cuttack running for commission of offence under section 354/354A/453-B/292/292-A(a)/34, I.P.C. read with section 66-E, 67 & 67-A of the I.T. Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on records with other surrounding circumstances as also the period of detention of the Petitioner in custody and on going through the order passed by the learned

// 2 // Sessions Judge-cum-Special Court under POCSO Act; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that the Petitioner will not come into contact with the victim and her family members and shall not threaten or terrorize the prosecution witnesses in any manner.

5.

The BLAPL is accordingly disposed of.

6.

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 as modified by Court's Notice No.4798 dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (D.Dash), Judge.

Himansu