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Orissa High CourtBLAPL/5161/2022allowed

Sumit Samad v. State Of Odisha

2022-07-29Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5161 of 2022 Sumit Samad ....

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

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.07.2022 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 connection with G.R. Case No.923 of 2020 turned into S.T. Case No.21 of 2021, on the files of learned 1st Additional Sessions Judge, Rourkela, arising out of Jhirpani P.S. Case No.105 of 2020 under Sections 366/376(I) of the IPC and is in custody since 19.11.2020.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Rourkela, by order dated 17.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the 164 Cr.P.C. statement of the victim and 161 Cr.P.C. statement of mother Sudamini Barwa and considering the medical examination report and being congizant of the fact that charge-sheet has already been filed on 31.12.2022, 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. 6.

Accordingly, the BLAPL stands disposed of.

7.

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