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Orissa High CourtBLAPL/7277/2022allowed

Suryanarayana Satapathy v. State Of Odisha

2022-08-23Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7277 of 2022 Suryanarayana Satapathy ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Orissa ....

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

ORDER

23.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Mr. Ved Prakash Panda and Associates have entered appearance on behalf of the informant. Vakalatnama filed in Court is taken on record. The name of Mr. Panda be reflected in the list as well as on the file.

3.

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

4.

The petitioner is accused in Bada Bazar P.S. Case No.157 of 2022 corresponding to G.R. Case No.1432 of 2022, pending in the Court of learned S.D.J.M., Berhampur under Sections 376(2)(n)/294/506/509 of IPC.

5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Additional District & Sessions Judge, Berhampur, Ganjam, by order dated 18.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.06.2022 and since charge-sheet has already been filed on 27.07.2022 as stated by learned counsel for the State, further continuance of the petitioner in custody is not warranted.

7.

Learned counsel for the State and the informant opposes the prayer for bail.relying on the 164 Cr.P.C. statement of the victim.

8.

Perused the 164 Cr.P.C. statement.

9.

Considering the tenor thereof and the nature of allegations, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 10.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every seven days till conclusion of the trial.

11.

Accordingly, the BLAPL stands disposed of.

12.

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