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Orissa High CourtBLAPL/6267/2022allowed

Raghu Nayak v. State Of Odisha

2022-09-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6267 of 2022 Raghu Nayak ....

Petitioner Mr. M. Chand, Advocate -versusState of Odisha ....

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

ORDER

13.09.2022 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 S.T. Case No.22 of 2022 arising out of G.R. Case No.992(a) of 2022, pending in the file of learned 2nd Additional Sessions Judge, Khurda, arising out of Begunia P.S.

Case No.166 of 2021, under Section 363/365/323/506/307/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Khurda by order dated 30.06.2021 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

The injury reports of the injured father and son submitted by the learned counsel for the petitioner indicating that the injuries are simple in nature, is taken on record.

7.

It is submitted by the learned counsel for the petitioner that in the meanwhile charge sheet has already been submitted and it is stated that the petitioners are in custody since 19.02.2022, hence further continuance of the petitioner in custody is punitive. 8.

Considering the injury report as stated above and the period of custody and the stage of investigation, 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