Orissa High Court
Jyoti Prakash Das @ Sabuja vs State Of Odisha ..... Opposite Parties on 9 August, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5259 of 2024
Jyoti Prakash Das @ Sabuja ..... Petitioner
Represented By Adv. -
Haripad Mohanty
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr.A.P.Das, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
09.08.2024 Order No.
1. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.
3. This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 341,354, 354-A of the of the Indian Penal Code.
4. Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned Additional District & Sessions Jude-cum-Special Judge Page 1 of 2. under POCO Act in C.T.Special (POCSO) Case No.50 of 2024 arising out of Binjharpur P.S.Case No.234 of 2024 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent, this order shall not be given effect to. Release of the Petitioner shall be subject to the conditions that the Petitioner shall cooperate with the investigation and appear before the I.O. as and when required for the purpose of investigation shall appear before the trial court on each and every date without fail, he shall not threaten, harass, ill-treat the victim in any manner and shall not make any attempt to come to the victim while on bail. Violation of conditions shall entail cancelation of bail.
5. The ABLAPL is disposed of accordingly.
6. Issue urgent certified copy of this order as per Rules.
( ADITYA KUMAR MOHAPATRA) JUDGE RKS Signature Not Verified Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 13-Aug-2024 10:33:39