Bijaya Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11236 of 2021 Bijaya Sahu ....

Petitioner Mr. D.P. Dhal and Mr. B.S.Dasparida, Advocates -versusState of Odisha and another ....

Opposite Parties Mr. T.K. Praharaj, S.C. for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

27.01.2022 Order No.

01.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties and perused the papers.

3.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Barpali P.S. Case No.286 of 2021, corresponding to G.R. Case No.277 of 2021, pending in the court of learned J.M.F.C., Barpali, for commission of alleged offences under Sections 417/376(2)(n)/294/506 I.P.C. 4.

Learned counsel for the Petitioner submits that Petitioner is an innocent and law abiding citizen and he has been falsely entangled in the case. It is further submitted that Petitioner is in jail custody since the date of his arrest, i.e. 07.11.2021. 5.

Learned Standing Counsel for the State vehemently objected to the bail of the Petitioner. However, he submits if the Petitioner is released on bail, stringent conditions may be imposed on the accused Petitioner.

// 2 // 6.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner, it is directed that the Petitioner be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall cooperate with the investigation and shall not threaten the witnesses or tamper with the evidence in any manner, whatsoever.

7.

With the above direction, the BLAPL is accordingly allowed.

8.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out 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 Office Order dated 7th January, 2022. (A.K. Mohapatra) Judge U.K.Sahoo