Jatia Oram vs State Of Odisha And Another .... ... on 17 January, 2023

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Orissa High Court

Jatia Oram vs State Of Odisha And Another .... ... on 17 January, 2023

Bench: B. P. Routray

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No.3024 of 2022

             Jatia Oram                                  ....        Petitioner
                                                      Mr.S.K.Dash, Advocate

                                           -versus-

             State of Odisha and another                  ....    Opposite Parties
                                                               Mr.K.K.Das, ASC

                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                         ORDER

17.1.2023 Order No.

1. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dash, learned counsel for the Petitioner and Mr.Das, learned Additional Standing Counsel for the State- Opposite Party No.1.

3. This is an application under Section 439 Cr.P.C. and the offences alleged are under Sections 376(DA)/506 of the Indian Penal Code, Section 6/14(3) of the POCSO Act and Sections 67/67(B) of the I.T. Act.

4. It is submitted that the Petitioner has prayed for his release on interim bail on the ground of ailment of his father. It is further submitted that he is inside custody since 23rd July, 2019 and the trial could not be completed due to non-attendance of the victim in the witness box.

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5. Upon hearing both parties and considering the period of detention of the Petitioner inside custody as well as slow progress of the trial, and further considering the submission of the Petitioner regarding aliment of his father, it is directed to release the Petitioner on interim bail in Spl. G.R.Case No.60 of 2019 corresponding to Biramitrapur P.S.Case No.92 of 2019 pending before the learned A.D.J.-Cum-PO Special Court, Sundargarh for a period of one month from the date of his release on such terms and conditions as the learned A.D.J.-Cum- PO Special Court may deem fit and proper, including the conditions that the Petitioner shall furnish two sureties (with proper identity proof) out of which one shall be his relative and that, the Petitioner shall not be involved in any other offence while on interim bail and he shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence, and he shall attend the trial court on each date fixed.

6. It is made clear that the Petitioner shall surrender before the court below on or before 21st February, 2023, failing which learned court below shall take all necessary steps including issuance of NBW of arrest, to apprehend him.

7. The bail application is disposed of.

8. Urgent certified copy of this order be granted in course of the day.

( B.P. Routray) Judge C.R.Biswal Page 2 of 2

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