Orissa High Court
Prahallad @ Bulu Barik vs State Of Odisha .... Opposite Party on 3 May, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 4808 of 2023
Prahallad @ Bulu Barik .... Petitioner
Mr. S.S. Parida, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
03.05.2023 Order No.
01. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with G.R. Case No.342 of 2023, pending before the learned S.D.J.M., Keonjhar, arising out of Keonjhar Town P.S. No.132 of 2023, for alleged commission of offences under Sections 292/354-C/506/509 of IPC read with Section 66(E)/67/67(A) of IT Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum- Special Judge (Vig), Keonjhar, by order dated 27.04.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 31.03.2023 on the accusation that he has circulated objectionable photographs of the informant.
5. It is stated that the petitioner has no criminal antecedent and it is also placed on record that the petitioner's wife is in the family way.
Page 1 of 26. Learned counsel for the State opposes the prayer for bail during the currency of investigation.
7. Considering the nature of allegation and the punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
8. While releasing the petitioner on bail, the learned Court in seisin is called upon to verify the criminal antecedent of similar nature. If it comes to the fore that the petitioner has any such criminal antecedent, this order shall stand recalled.
9. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till submission of final form on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the learned Court in seisin.
10. It is further directed that the petitioner shall not in any way try to intimidate the victim and her family.
11. It shall be open to the victim and her family to seek variance of this order, in case there is any threat perception.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Ayesha AYESHA Digitally signed by AYESHA ROUT ROUT Date: 2023.05.04 18:40:04 +05'30' Page 2 of 2