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Orissa High CourtBLAPL/6982/2022allowed

Umesh Meher v. State Of Odisha

2022-09-28Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6982 of 2022 Umesh Meher ....

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

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

ORDER

28.09.2022 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 C.T. Case No.146 of 2022, pending in the file of learned J.M.F.C., Kantamal, arising out of Manamunda P.S. Case No.96 of 2022, alleged offence under Sections 294/376(2)(n)/313/506 of IPC is in custody since 03.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Kantamal by order dated 17.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that though initially the FIR was lodged under Sections 294/ 376(2)(n)/ 313/506 of IPC, after investigation charge sheet has been submitted

under Section 294/376(2)(n) and 506 of IPC. Copy of the charge sheet is taken on record.

6.

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

Taking into account the tenor thereof and filing of charge and keeping in view the period of custody, 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.

Accordingly, the BLAPL stands disposed of.

9.

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