Tapan Padihari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4234 OF 2022 Tapan Padihari .........

Petitioner Mr. J.Sahoo, Adv.

-versusState of Odisha ............

Opposite Party Mr.K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

12.08.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

3.

The petitioner is an accused in connection with G.R. Case No. 562 of 2021 arising out of Chatrapur P.S. Case No. 314 of 2021, pending on the file of the learned Addl. Sessions Judge, Chatrapur for the alleged commission of offence under Section 498-A/304-B/306/406 of the I.P.C. read with Section 4 of the D.P.Act.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge, Chatrapur by Order dated 27.12.2021, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that though the F.I.R. was filed inter alia under Section 302 of the I.P.C., after investigation the Charge-sheet

has been filed under Section 306 of the I.P.C. and other allied offences.

6.

It is stated that in the meanwhile Charge-sheet has already been submitted and the case has been committed to the Court of Session.

7.

Taking into account the filing of Charge-sheet inter alia under Section 306 of the I.P.C. and considering the period of custody since 2.07.2021, this Court directs the petitioner to be released on bail. The terms to be fixed by the learned Court in seisin over the matter.

8.

The BLAPL thus stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Dhal Judge