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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in G.R. Case No.2702 of 2022 pending on the file of learned J.M.F.C.-II (Cog. Taking), Cuttack, arising out of Tangi P.S. Case No.210 of 2022 for commission of the offence under Sections 292/294/419/506/507/509 IPC and Section 66(C) and (E)/67 of the I.T Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Cuttack, by order dated 10.7.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioner is in custody since 23.06.2023.
The Petitioner has placed on record the prescription of A.H. Regional Cancer Centre that the Petitioner is suffering from Malignant Melanoma.
Learned counsel for the State opposes the prayer during currency of investigation.
Considering the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
Additionally, it is directed that the Petitioner shall appear before the I.O as and when summoned and he shall not threaten the victim and/or her family members. It shall be open to the victim to seek variance of this order in the event there is any threat perception.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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