High CourtsSingle Bench

Anwesh Mishra vs State Of Odisha

Orissa High Court · Decided on 19 August 2021 · Citation: (2021) 08 OHC CK 0101

HON’BLE JUDGES
D. Dash, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294, 323, 341, 354A, 354B, 506 · Protection of Children from Sexual Offences Act, 2012 — Section 12
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5072 Of 2021
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Judgment

15 paragraphs · 264 words

D.Dash, J

1.

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

2.

The Petitioner being in custody in connection with Jenapur P.S. Case No.91 of 2021 corresponding to C.T. Special (POCSO) Case No.51 of 2021

on the file of learned Special Judge, Jajpur running for commission of offence under sections 341/294/323/354-A/354-B/5065 of the IPC read with

section 12 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 as well as the learned counsel for the Informant.

4.

Taking into account the submissions made; further keeping in view the materials on records including the statement of the victim 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 Additional Sessions Judge-cum-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 not terrorize or threaten the prosecution witnesses including the victim; and 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.

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.

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