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2019 DIGILAW 473 (ORI)

Simanchal Patra v. State of Odisha

2019-07-19

S.K.SAHOO

body2019
ORDER : S.K. Sahoo, J. 1. Learned counsel for the petitioner submits that that the G.R. Case No. 455 of 2019 is now pending in the file of learned J.M.F.C. Keonjhar. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. This is an application under section 439 Cr.P.C. in connection with Keonjhar Town P.S. Case No. 106 of 2019 corresponding to G.R. Case No. 455 of 2019 pending in the file of learned J.M.F.C. Keonjhar for alleged commission of offences under sections 292-A, 354-A, 500, 509, 465, 469, 120-B/34 of the Indian Penal Code, section 6 of the Indecent Representation of Women (Prohibition) Act, section 123 of Representation of People Act, and sections 66 (D), 67 and 67 (A) of I.T. Act, 2000. 4. The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Keonjhar vide order dated 29.04.2019. 5. Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 10.04.2019, he is not responsible for uploading the nude photographs of the victim as per the prosecution case and further fact that not only the victim but also the informant has also stated that the said nude photographs are not of the victim and after going through the case records, charge-sheet 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. 20,000/- (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions that he shall not try to tamper with the prosecution evidence, shall appear before the learned trial Court on each date when the case would be posted for trial and shall not keep any contact either with the victim or her family members in any manner. 7. Violation of any of the terms and conditions shall entail cancellation of bail. 8. The BLAPL is accordingly disposed of. 9. Issue urgent certified copy as per Rules.