Bimbadhar Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4795 of 2022 Bimbadhar Mahanta ....

Petitioner M/s. S. Mohanty, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

05.08.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in G.R. Case No.390 of 2020, on the files of learned S.D.J.M., Champua, arising out of Champua P.S.

Case No.170 of 2020, offences under Sections 376(2)(n)/323/294/506/34 of IPC and is in custody since 19.04.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua, by order dated 09.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that charge-sheet has already been filed which is also borne out from the order of rejection.

6.

Perused the 164 Cr.P.C. statement.

7.

Considering the tenor of such statement and the medical examination report, 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 so as to ensure his presence on each date of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

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