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Orissa High CourtBLAPL/5061/2022allowed

Gobinda Munda v. State Of Odisha

2022-08-05Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5061 of 2022 Gobinda Munda ....

Petitioner M/s. P.S. Das, Advocate -versusState of Odisha ....

Opposite Party 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.701 of 2022, on the files of learned S.D.J.M., Keonjhar, arising out of Keonjhar Sadar P.S. Case No.168 of 2022, offences under Sections 417/376(2)(n) of IPC and is in custody since 28.04.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Keonjhar, by order dated 24.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioners submits that in the meanwhile charge sheet has already been filed on 24.06.2022 under Section 376(2)(n) and 417 of the IPC and keeping in view the

nature of the allegations further continuance of the petitioner is not warranted.

6.

Learned counsel for the State opposes the prayer relying on the statement of the victim.

7.

Perused the 164 Cr.P.C. statement.

8.

Considering the tenor of the statement and filing of charge sheet, 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. 9.

Accordingly, the BLAPL stands disposed of.

10.

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