Orissa High Court
Md. Nezarul Arfeen vs State Of Odisha .... Opposite Party on 1 February, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12873 of 2022
Md. Nezarul Arfeen .... Petitioner
Mr. M. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
Mr. D. Mishra, Adv. (Informant)
CORAM: JUSTICE V. NARASINGH
ORDER
01.02.2023 Order No.
02. 1. Mr. D. Mishra, learned counsel has entered appearance on behalf of the Informant by filing vakalatanama in Court. The same is taken on record.
2. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.
3. The Petitioner is an accused in G.R Case No.426 of 2022 pending on the file of learned S.D.J.M., Champua, arising out of Jhumpura P.S. Case No.142 of 2022 for commission of the offence under Sections 292/506/507/509 IPC and Section 67 of the I.T Act and Section 6 of the Indecent Representation of Women (Prohibition) Act.
4. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Champua, by Page 1 of 2 order dated 20.12.2022 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioner is in custody since 06.12.2022 and as investigation has progressed substantially, his further continuance in custody is not warranted.
6. Learned counsel for the Informant opposes the prayer for bail during currency of investigation and in view of the nature of allegation and that the Petitioner taking advantage of the relationship with the victim has misused the trust reposed in him.
7. Perused the 164 Cr.P.C. statement of the victim.
8. Considering the period of custody and the nature of allegation this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
9. Additionally it is directed that the Petitioner shall appear before the I.O. once every week till submission of final form on such date and time to be specified by the learned Court in seisin. Certification of such appearance shall be submitted to the said Court.
10. Accordingly, the BLAPL stands disposed of.
11. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge PKS Page 2 of 2