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Orissa High CourtBLAPL/3982/2022allowed

Dharinidhar Behera @ Kulu v. State Of Odisha

2022-09-16Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3982 of 2022 Dharinidhar Behera ....

Petitioner Mr. A.K.Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. M.R.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

16.9.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 10th February, 2022 in connection with Deogarh P.S. Case No.111/2022 corresponding to C.T. Case No.187/2022 pending in the court of learned S.D.J.M., Deogarh for the alleged commission of the offence under Sections 376(2)(n)/506 of I.P.C.

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4. Considering the submissions made, the materials on record, the period of detention in custody and in particular the testimony of the victim, who has been examined as P.W.1 in the ongoing trial, I am inclined to allow the prayer for bail.

5. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the court below on each date of posting of the case, failing which this order will be treated as cancelled and N.B.W, shall be issued to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge