Samanta Bhati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6284 of 2022 Samanta Bhati ....

Petitioner Mr. B.R. Tripathy, Advocate -versusState of Odisha ....

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

ORDER

14.09.2022 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 C.T. Case No.106 of 2022, pending in the file of learned J.M.F.C., Koksara, arising out of Koksara P.S. Case No.93 of 2022, under Section 376/506 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dharamgarh, Dist-Kalahandi by order dated 24.06.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted that the petitioner is in custody since 24.04.2022 and since charge sheet has already been filed in the meanwhile, further continuance of the petitioner is custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail.

7.

This Court perused the 164 Cr.P.C. statement of the victim and the medical examination report.

8.

Taking into account the period of custody and the background in which the allegations has been leveled, 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