Sk. Nasir @ Banty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7167 of 2022 Sk. Nasir @ Banty ....

Petitioner Mr. K.K. Rout, Advocate -versusState of Odisha ....

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

ORDER

22.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 3.

It is submitted by the Mr. B. Swain, learned counsel has filed Vakalatnama on behalf of the informant. 4.

The Registry is requested to trace the same. Name of Mr. B. Swain be reflected in the file, in the cause list as well as in the CMS of this Court. The Registry is also requested to trace the affidavit stated to have been filed by the informant. 5.

The petitioner is an accused in P.S. Case No.106 of 2018 corresponding to G.R. Case No.467 of 2018, pending in the Court of learned S.D.J.M., Kendrapara, for offences under Sections 376/323/294/379/34 of IPC.

6.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara, by order dated 22.07.2022 in the aforementioned case, the present BLAPL has been filed.

7.

Learned counsel for the informant has placed on record the affidavit stated to have been filed by the informant inter alia indicating that the matter has been amicably settled. It also comes to the fore on perusal of the record that before the Court of learned S.D.J.M., Kendrapara, the informant had filed the affidavit stated that the matter had also settled inter-se between the parties. 8.

Taking note of the same 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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