Kanha Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7416 of 2022 Kanha Naik ....

Petitioner Mr. B.B. Routray, Advocate -versusState of Odisha & Another ....

Opposite Parties Mr. P.K. Maharaj, ASC Mr. P.K. Nayak, Adv (for Informant) CORAM: JUSTICE V. NARASINGH

ORDER

20.09.2022 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.

Learned counsel P.K.Nayak & Associates have appeared on behalf of the informant/victim. Vakalatnama filed on behalf of the informant/victim is taken on record 4.

The petitioner is accused in G.R. Case No.572 of 2022 arising out of Angul P.S. Case No.322 of 2022, pending in the Court of the learned S.D.J.M., Banarpal, for alleged commission of offences under Sections 341/323/354/506/376D/34 of IPC. 5.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Angul, by order dated 11.07.2022 in the aforementioned case, the present BLAPL has been filed.

6.

Learned counsel for the State has produced the 164 Cr.P.C. statement. Perused the same.

7.

Learned counsel for the informant submits that taking advantage of absence of the husband, the crime has been committed and as such the petitioner ought not to be released on bail. 8.

Learned counsel for the State opposes the prayer for bail. 9.

Considering the 164 Cr.P.C. statement, the period of custody and the medical examination report, 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.

Accordingly, the BLAPL stands disposed of.

11.

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