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Orissa High CourtBLAPL/6325/2022allowed

Bukai @ Kalia Majhi v. State Of Orissa

2022-09-27Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6325 of 2022 Bukai @ Kalia Majhi ....

Petitioner Mr. D. Sethy, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

27.09.2022 Order No.

03.

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.98 of 2022 pending in the file of learned Adhoc Additional District and Sessions Judge (Fast Track Special Court), Balasore, arising out of Berhampur P.S. Case No.1 of 2014, offence under Sections 457/376(1) of the IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Ad hoc Additional Sessions Judge (FTSC), Balasore by order dated 06.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the statement of the victim under Section 161 Cr.P.C.

6.

Taking into account the antecedent of the year 2014 and charge sheet has already been filed in the meanwhile on 12.01.2016

and considering that the petitioner was taken into custody on 25.01.2022 by virtue of NBW(A), this Court directs the petitioner to be release on bail on such terms to be fixed by the learned Court in seisin over the matter.

7.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till the conclusion of trial.

8.

Accordingly, the BLAPL stands disposed of.

9.

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