Balaram Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4706 of 2022 Balaram Jena ....

Petitioner Mr. N. Lenka, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K.Maharaj Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.7.2022.

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 4th March, 2022 in connection with Gangapur P.S. Case No.92/2022 corresponding to G.R. Case No.252/2022 pending in the court of learned J.M.F.C., Aska for the alleged commission of the offence under Sections 450/376(2)(f)/366/506 of I.P.C.

// 2 //

4. It is alleged that the Petitioner committed rape on the victim ,who is a married lady. Statement of victim recorded under Section 164 of the Cr.P.C. reveals a different story.

5. Considering the submissions made, the materials on record, the period of detention in custody and in particular the statement of the victim under Section 164 of CR.P.C., I am inclined to allow the prayer for bail.

6. 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 appear before the court below on each date of posting of the case without fail.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge