Allowed

Situ@Jayprakash Swain v. State of Odisha

Orissa HC18 Jun 2019BLAPL/165/2019

Case brief

AI extract

What is this about?

This order grants bail to the petitioner under Section 439 Cr.P.C. in a case involving offences under IPC, IT Act, and POCSO. The petitioner was released on a bail bond of Rs.20,000 with two sureties, subject to conditions preventing contact with the victim and tampering with evidence.

What did the court decide?

Released on bail on furnishing a bond of Rs.20,000 with two solvent sureties for the same amount.

Situ@Jayprakash Swain Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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BLAPL No. 165 of 2019

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18.06.2019 Mr. Devashis Panda, learned counsel appearing for the petitioner files memo of appearance which is taken on record.

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

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This is an application under section 439 Cr.P.C. for grant of bail to the petitioner in connection with Abhaychandpur P.S. Case No.72 of 2018 corresponding to Special G.R. Case No. 58 of 2018 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Jagatsinghpur for offences punishable under sections 306/294/354-A/354-C/354-D/507/506/34 of the Indian Penal Code, sections 67/67-A of the Information Technology Act and section 12 of the POCSO Act.

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The petitioner moved an application for bail before the learned Special Judge, Jagatsinghpur which was rejected on 27.12.2018.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 02.10.2018 and charge sheet has been submitted under sections 306/294/354-A/354-C/354D/507/506/34 of the Indian Penal Code, sections 67/67A of the Information Technology Act and section 12 of the POCSO Act and after going through the case records particularly the S.F.S.L. report which was placed by the

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learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper and with further condition that he shall not try to come in contact with the victim or threaten her in any manner or tamper with the prosecution evidence and violation of any terms and conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………… S.K.Sahoo,J.

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Situ@Jayprakash Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Situ@Jayprakash Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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