Balaram Hansda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7292 of 2022 Balaram Hansda ....

Petitioner Mr. D. Samal, Advocate -versusState of Odisha ....

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

ORDER

29.11.2022 Order No.

02.

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 S.T. Case No.157 of 2022, pending on the file of learned Adhoc Additional Sessions Judge (FTSC) Balasore, arising out of Rupsa P.S. Case No.14 of 2022, for commission of alleged offences under Section 376/450 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Adhoc Additional Sessions Judge (FTSC) Balasore by order dated 14.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the petitioner is in custody since 04.03.2022 and as charge sheet has already been filed on 16.07.2022, further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Perused the 164 Cr.P.C. statement of the victim. 8.

Considering the tenor thereof and taking into account the filing of charge sheet and 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 the rules.

(V. NARASINGH) Judge Santoshi