Bhojaraj Rana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7688 of 2022 Bhojaraj Rana ....

Petitioner Mr. J.N. Panda, Advocate -Versus - State of Odisha ....

Opp. Party Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 25.11.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

Learned state counsel has obtained instructions that the victim gave birth to a baby girl but she died within three days. 4.

The petitioner had earlier approached this Court seeking bail in BLAPL No. 1647 of 2022. The said bail application was disposed of granting him liberty to renew his prayer after examination of the victim during trial.

5.

It is submitted that despite such order the victim has not yet been examined even though more than 8 months have elapsed in the meantime. It is further submitted that there is no likelihood of the victim being examined in the near future and yet the petitioner is languishing in custody despite the fact that he and the victim had a consensual relationship.

6.

Since this Court had already passed order granting liberty to the petitioner to renew his prayer after examination of the victim, I am not inclined to grant him regular bail. The bail application is disposed of directing learned court below to release the petitioner on

interim bail for a period of four months from the date of his actual release on such terms and conditions he may deem fit and proper to impose.

7.

BLAPL is disposed of.

8.

It is still open to the petitioner to renew his prayer after examination of the victim.

9.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana