Gagan Behera @ Gagan Kumar Behera vs State Of Orissa

S.K. Panigrahi, J

This matter is taken up through Video Conferencing mode.

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

The petitioner has filed this CRLMC assailing the order dated 09.12.2021 passed by the learned Ad hoc Additional Sessions Judge (FTSC),

Nayagarh in T.R. Case No.22 of 2021 issuing N.B.W. against him.

Learned counsel for the Petitioner submits that the petitioner is on bail vide order dated 10.02.2021 passed by the learned A.D.J.-cum- Special

Judge under POCSO Act, Nayagarh. He was regularly attending the court on each date of posting of the case. However, on 09.12.2021, the

petitioner could not remain present in court due to communication gap between him and his conducting counsel. Hence, the learned Ad hoc Additional

Sessions Judge (FTSC), Nayagarh issued N.B.W. against him. He further submits that the petitioner undertake that he will cooperate till the end of

the trial and appear before the court on each date of posting without fail, failing which, fresh N.B.W. shall be issued against him.

In view of such facts and submissions made by the learned counsel for the petitioner, this Court is inclined to allow the CRLMC. Accordingly, the

order dated 09.12.2021 passed by the learned Ad hoc Additional Sessions Judge (FTSC), Nayagarh in the aforesaid case, so far it relates to issuance

of N.B.W. against the petitioner, is hereby quashed.

The petitioner is directed to surrender before the court in seisin over the matter in the aforesaid case and move for bail within a period of fifteen

days hence. On such event, the said court shall release him on bail with some stringent conditions so as to enable him to appear before the court on

each date of posting of the case.

Accordingly, the CRLMC is disposed of.

As the restrictions due to resurgence of Covid-19 are continuing, learned counsel for the parties may utilize a printout of the order available in the

High Court’s website, at par with certified copy, subject to attestation by the Advocate concerned with his/her seal, in the manner prescribed vide

Court’s Notice No.4587 dated 25th March, 2020 and Court’s Office Order dated 7th January, 2022.

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