Sanjit Tirkey v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6118 OF 2022 Sanjit Tirkey .........

Petitioners Mr. T.K. Mishra, Advocate -versusState of Odisha ............

Opposite Party Mr. P. K. Maharaj, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

22.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with G.R. Case No.1716 of 2021 arising out of Hatibari P.S. Case No. 107 of 2021, pending on the file of the learned S.D.J.M, Panposh, Rourkela (learned Additional Sessions Judge, Rourkela) for the alleged commission of offence under Sections376(2)(i)/376(2)(n)/376(D) of the IPC. The petitioner is in custody since 13.10.2021.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned 1st Addl. Sessions Judge, Rourkela by Order dtd. 20.06.2022 in S.T. Case No. 03 of 2022, the present BLAPL has been filed.

4.

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

5.

Since the consideration by the Learned Court below was at the stage of investigation, the leave is granted to the petitioner to move the Court in Seisin over the matter afresh, after filing of Charge-sheet.

6.

In the event, such application being moved the same shall be considered on its own merit without being influenced by the earlier order or by this present order passed by this Court. 7.

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