Orissa High Court
Jitendra Behera vs State Of Odisha .... Opp. Party on 26 October, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3470 of 2021
Jitendra Behera .... Petitioner
Mr. S.S.S. Deo, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D.K. Pani,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 26.10.2021 06. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.13 of 2021 arising out of Bhawanipatna P.S. Case No.46 of 2021 pending in the Court of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna for offences punishable under sections 419/506/507/509 of the Indian Penal Code read with sections 66-D/66-E of the Information Technology Act and sections 12/14(1) of the POCSO Act.
// 2 // The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna vide order dated 06.04.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 03.02.2021 and he has been charge sheeted under sections 419/506/507/509 of the Indian Penal Code read with sections 66-D/66-E of the Information Technology Act and sections 12/14(1) of the POCSO Act and after going through the 164 Cr.P.C. statement of the victim placed by the learned counsel for the petitioner and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper. While on bail, the petitioner shall not try to keep any contact with the victim and shall not try to tamper with the prosecution evidence and shall appear before the learned trial Court on each date when the case would be fixed for trial.
Page 2 of 3// 3 // Violation of any terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM Page 3 of 3