Bijay Malik @ Mallick @ Jada Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8023 of 2022 Bijay Malik @ Mallick @ jada Malik ....

Petitioner Mr. A. Mishra, Advocate -versusState of Orissa ....

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

ORDER

06.09.2022 Order No.

01.

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 accused in Korei P.S. Case No.60 of 2022 corresponding to C.T. Case No.292 of 2022, pending in the Court of learned J.M.F.C., Jajpur Road, Jajpur, for alleged commission of offences under Sections 498-A/304(B)/34 of IPC read with Section 4 of the D.P. Act.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Jajpur Road, by order dated 23.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner taking into account that charge-sheet has filed under Section 498A/304(B)/34 of IPC on 30.06.2022, further continuance of the

petitioner in custody, Keeping in view the allegations leveled against him he is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail stating that there are materials on record to substantiate the allegation of torture.

7.

Considering the nature of allegations and the role ascribed to the petitioner and keeping in view that the petitioner is the elder father-in-law of the victim, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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