High CourtsSingle Bench

Aditya Upadhyay vs State Of Odisha

Orissa High Court · Decided on 16 September 2021 · Citation: (2021) 09 OHC CK 0069

HON’BLE JUDGES
D. Dash, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Information Technology Act, 2000 — Section 67B · Protection of Children from Sexual Offences Act, 2012 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7263 Of 2021
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Judgment

7 paragraphs · 248 words

D.Dash, J

1.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

The Petitioner being in custody in connection with Balasore Sadar P.S. Case No.223 of 2021, corresponding to Special Case No.159 of 2021 on the file of learned Additional Sessions Judge-cum-Special Judge, Balasore, running for commission of offence under sections 67-B of the I.T. Act and section 4 of POCSO Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances as also the period of detention of the Petitioner in custody and on going through the order passed by the learned Special Judge; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; and will not threaten or terrorize the prosecution witnesses including the victim.

Violation of any of the above condition(s) shall entail cancellation of bail.

5.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.