Sima @ Simanchal Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7032 of 2022 Sima @ Simanchal Behera ....

Petitioner Mr. S.K. Mahanty, Advocate -versusState of Odisha ....

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

ORDER

24.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with G.R. Case No.101 of 2022, pending in the Court of learned J.M.F.C., Buguda, arising out of Buguda P.S. Case No.106 of 2022, for commission of offences under Sections 363/364-A/394/120-B 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, Bhanjanagar, by order dated 19.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that since charge-sheet has already been filed on 31.08.2022, further continuance of the petitioner in custody is unwarranted more so when the co-accused has been released on bail by this Court by order dated 18.10.2022 in BLAPL No.9552 of 2022.

6.

Keeping in view the nature of allegations and considering the fact that the victim has been rescued, this Court directs the petitioner to be released on bail. Learned Court in seisin over the matter shall fix the terms so as to ensure the presence of the petitioner on each date of trial.

7.

Accordingly, the BLAPL stands disposed of.

8.

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