The High Court allowed the bail application of a petitioner remanded in custody for offences under Sections 379/420 IPC and Section 66(b) IT Act 2000, directing release on such terms as deemed just and proper.
Petitioner to be released on bail on such terms and conditions as deemed just and proper by the learned J.M.F.C., Chandikhole.
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BLAPL No.9075 of 2019
Heard learned counsel for the petitioner and the learned Additional Standing Counsel for the State.
The petitioner- Khageswar @ Litu @ Balaram Sahoo is in custody for alleged commission of offences punishable under Sections 379/ 420 of the I.P.C. read with Section 66(b) of the Information and Technology Act, 2000 in C.T. Case No.1070 of 2018, of the court of the learned J.M.F.C., Chandikhole, arising out of Dharmasala P.S. Case No.331 of 2018.
All the aforesaid offences alleged against the petitioner are triable by Magistrate of the 1st Class. Also, none of the offences alleged against the petitioners is prescribed with terms of imprisonment exceeding seven years. Moreover, the petitioner is a permanent resident of village-Jamara, P.O.Baghuni, P.S.-Nemal, in the district of Cuttack. Hence, there is no reasonable apprehension of his absconding from the process of justice. There is also no allegation on behalf of the prosecution that the petitioner shall tamper the prosecution evidence, if he is released on bail.
In view of the aforesaid considerations, the application for bail of the petitioner is allowed. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned J.M.F.C., Chandikhole.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
…………………….. S. K. Mishra, J.
BJ
1 issue framed by the court
Whether the bail application of the petitioner in C.T. Case No.1070 of 2018 should be allowed.
1 provisions across 1 enactments
Khageswar @ Litu @ Balaram Sahoo
State
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
