Advocates:
['SMRUTI RANJAN MOHAPATRA', '', 'B R MOHANTY', 'M K SWAIN', 'D R MOHANTY', 'M/S ASHOK KUMAR BEHERA', 'M B SMRUTIRANJAN', 'SREYA SATPATHY']

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7147 of 2020

Gyanendra Sahoo @

Babu

….

Petitioner

Mr. S.R. Mohapatra, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

05.04.2021

05.

1.

This matter is taken up by video conferencing mode.

2.

Heard learned counsel for the petitioner and learned

counsel for the State.

3.

Learned counsel for the State submits that the notice

on the informant is sufficient.

4.

None appears on behalf of the informant.

5.

This is an application under section 439 of Cr.P.C. in

connection with C.T. Case No.1260 of 2020 arising out of

Jajpur P.S. Case No.263 of 2020 pending in the Court of

learned S.D.J.M., Jajpur for offences punishable under sections

448/376/384/292-A/506/109/34 of the Indian Penal Code and

sections 67/67Aof the Information Technology Act.

// 2 //

Page 2 of 2

6.

The petitioner moved an application for bail before the

Court of learned Addl. Sessions Judge, Jajpur which was

rejected on 22.09.2020.

7.

Considering the submission made by the learned

counsel for the petitioner that the petitioner is in judicial

custody since 25.07.2020 and he has been charge sheeted

under sections 448/376/384/292-A/506/109/34 of the Indian

Penal Code and sections 67/67A of the Information Technology

Act and after going through the 164 Cr.P.C. statement of the

victim who is a married lady aged about thirty years and that

the physical relationship between the petitioner and the

deceased was continuing for one and half years, I am inclined

to release the petitioner on bail.

8.

Let the petitioner be released on bail in the aforesaid

case on furnishing bail bond of Rs.50,000.00 (rupees fifty

thousand) with two local 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.

9.

The BLAPL is accordingly disposed of.

10.

As the restrictions due to the COVID-19 situation are

continuing, learned counsel for the parties may utilize a soft

copy of this order available in the High Court’s website or print

out thereof at par with certified copy in the manner prescribed,

vide Court’s Notice No.4587, dated 25^th March, 2020.

( S.K. Sahoo)

Judge

Sisir