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Orissa High CourtBLAPL/6650/2022allowed

Manish Sharma v. State Of Odisha

2022-08-01Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6650 OF 2022 Manish Sharma .........

Petitioner Mr. B.K.Ragda, Adv.

-versusState of Odisha ............

Opposite Party Mr.P.K.Maharaj, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

1.08.2022 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. 1069 of 2022 corresponding Plantsite P.S. Case No. 200 of 2022, pending on the file of the learned Additional Sessions Judge, Rourkela, for the alleged commission of offence under Sections 417/376(2)(n)/420/341/323/34 of the I.P.C.

3.

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 dtd. 11.07.2022 in Bail Application No.323 of 2022, the present BLAPL has been filed.

4.

Heard learned Counsel for the petitioner and learned Additional Standing Counsel for the State.

5.

It is submitted by the learned counsel for the petitioner that though admittedly the occurrence was in the year 2019, the F.I.R. was lodged in 2022. It is also further submitted that the petitioner was in relationship with the victim but in course of time such relationship becoming sour, the present F.I.R. has been filed. 6.

Perused the 164 Cr.P.C. statement of the victim. 7.

Considering the tenor of the same and taking into account the manner of accusation, 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.

8.

Additionally, it is directed that the petitioner shall appear before the jurisdictional Police Station once every week till conclusion of the trial. The first date and time of appearance shall be fixed by the learned court in seisin over the matter. Violation of such stipulation shall entail cancellation of bail. 9.

The BLAPL thus stands disposed of.

10.

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