High CourtsSingle Bench

Rajiba Behera vs State Of Odisha

Orissa High Court · Decided on 1 February 2022 · Citation: (2022) 02 OHC CK 0001

HON’BLE JUDGES
D.Dash, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 366, 376(2)(n), 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 90 Of 2022
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Judgment

19 paragraphs · 315 words

D.Dash, J

1.

This matter is taken up through video conferencing mode.

2.

The Petitioner being in custody in connection with Bhawanipatna P.S. Case No.197 of 2019 corresponding to C.T. Case No.447 of 2019 on the file

of the learned Addl. Dist. & Sessions Judge (Vigilance), Bhawanipatna running for commission of offence under sections 366/376(2)(n)/506/34of the

IPC, 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 record 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 Addl.

Dist.& Sessions Judge-cum-Special Judge (Vig); 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 in any manner; 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.

As the restrictions due to resurgence of COVID-19 situation 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 concerned Advocate, in the manner prescribed vide

Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021 and Court’s Office order

circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

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