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Sidheswar @ Bijaya Kumar Bishi vs State Of Odisha

Orissa High Court · Decided on 29 June 2021 · Citation: (2021) 06 OHC CK 0112

HON’BLE JUDGES
S. K. Sahoo, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 354C, 500 · Information Technology Act, 2000 — Section 67, 67A, 67E
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1897 Of 2021
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Judgment

20 paragraphs · 373 words

S. K. Sahoo, J

1.

This matter is taken up by video conferencing mode.

2.

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

3.

This is an application under section 439 of Cr.P.C. in connection with Ambabhana P.S. Case No.18 of 2021 corresponding to C.T. Case No. 118 of

2021 pending in the Court of learned S.D.J.M., Bargarh for alleged commission of offences under sections 500 and 354C of the Indian Penal Code

and sections 67, 67A and 67E of the Information Technology Act.

4.

The bail application of the petitioner has been rejected by the learned Sessions Judge, Bargarh as per order dated 01.03.2021.

5.

Considering the submission made by the learned counsel that the petitioner is in judicial custody since 08.02.2021, charge sheet has already been

submitted under sections 500 and 354C of the Indian Penal Code and sections 67, 67A and 67E of the Information Technology Act and after going

through the statement of the victim and taking into account the young age of the petitioner and on hearing the learned counsel for the State, I am

inclined to release the petitioner on bail.

6.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such other conditions as the learned Court may

deem just and proper including the conditions that he shall not keep any contact with the victim and shall not tamper with the evidence and shall appear

before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of

bail.

7.

The BLAPL is accordingly disposed of.

8.

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.