Prakash Kumar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7895 of 2022 Prakash Kumar Sahu ....

Petitioner Mr. H.S. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

23.11.2022 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 G.R. Case No.690 of 2022, pending in the file of learned SDJM , Bolangir, arising out of Deogaon P.S. Case No.74 of 2022, for commission of alleged offences under Sections 498-A/302/304-B of IPC read with Section 4 of D.P. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Balangir by order dated 21.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 07.05.2022 and the FIR was registered inter alia under Section 302 of IPC and other allied Sections of IPC read with Section 4 of the D.P. Act and it is stated that after investigation charge sheet has been filed on 29.07.2022, inter alia, under Section 498-A/306/304-B of IPC and 4 of D.P. Act.

6.

It is further submitted by the learned counsel for the petitioner on instructions that the petitioner is bless with a young boy of two years who is facing difficulty, since his mother has passed away under unfortunate circumstances.

7.

Taking into account the filing of charge sheet and welfare of the child, who is aged about 2 years, 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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