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Priya Ranjan Satpathy vs State Of Odisha

Orissa High Court · Decided on 4 September 2023 · Citation: (2023) 09 OHC CK 0037

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 294, 323, 419, 420, 506 · Information Technology Act, 2000 — Section 66(C), 66(D), 66(E), 67
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8049 Of 2023
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Judgment

15 paragraphs · 367 words

V. Narasingh, J

1.

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

2.

The petitioner is an accused in connection with C.T. Case No.362 of 2023, pending in the Court of learned S.D.J.M., Phulbani, arising out of Phulbani Cyber Crime P.S. Case No.03 of 2023, for alleged commission of offences under Sections 294/323/419/420/506 of IPC read with Section 66(C)/66(D)/66(E)/67 of I.T. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-Special Judge (Vigilance), Phulbani by order dated 05.07.2023 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 10.06.2023 on the allegation of uploading intimate moments of the informant on social media and also threatening members of her family.

5.

It is stated that the petitioner is the first offender and since charge sheet has already been filed on 07.08.2023, he may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail.

7.

Taking into account the nature of allegation, period in custody and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

9.

Before releasing the petitioner, learned Court in seisin is called upon to verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

10.

Additionally, it is 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.

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