Mathlu @ Sanatan Kisan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6241 of 2021 Mathlu @ Sanatan Kisan ....

Petitioner M/s.P.K.Nayak, Advocate -versusState of Orissa ....

Opp. Party M/s.S.N.Das, A.S.C.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

08.09.2022 04.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Jharsuguda P.S. Case No.3 of 2019 corresponding to C.T.(Sessions) Case No.15 of 2019 pending in the Court of learned Addl. Sessions Judge, Jharsuguda for commission of offence punishable U/Ss. 341/376-D/323/506 of I.P.C.

3.

In the course of hearing of the bail application, learned counsel for the petitioner submits that the petitioner is an innocent person and is languishing inside jail custody for no fault. It is, therefore, prayed for to release the petitioner on bail.

4.

On contrary, learned counsel for the State, while opposing the bail application of the petitioner submits that since the evidence of victim goes a long way to establish the allegation of gang rape against the petitioner, it would not be proper to entertain the bail application of the petitioner at this stage when trial is at fag end and there is every chance of absconding of the petitioner.

5.

Considering the nature and gravity of specific allegations levelled against the petitioner and taking into consideration the evidence of the victim, this Court does not feel it proper to enlarge the petitioner on bail. Accordingly, the prayer for bail stands rejected. At this point, learned

// 2 // counsel for the petitioner submits for expeditious disposal of the case. In view of such submission, the learned trial Court is requested to dispose of the case as expeditiously as possible preferably within a period of six months.

6.

Accordingly, the BLAPL stands disposed of.

7.

Urgent certified copy of the order be granted on proper application. ( G. Satapathy) Judge Kishore