Hemanta Kumar Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8515 of 2022 Hemanta Kumar Majhi ....

Petitioner Mr. Dhal, Advocate -versusState of Orissa ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. Dhal, learned Senior Counsel for the petitioner and Mr. A. Pradhan, learned ASC for the State. 3.

Memo of appearance filed by Mr. Dhal, learned Senior Counsel is taken on record.

4.

The petitioner is accused in Bangiriposi P.S. Case No.131 of 2022 corresponding to C.T. Case No.1140 of 2022, pending before the learned S.D.J.M., Baripada, for alleged commission of offences under Sections 376/313/506/34 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 -cumSpecial Judge (Vigilance), Baripada, by order dated 24.08.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Perused the 164 Cr.P.C. statement of the victim. 7.

It is submitted by the learned counsel for the State on instruction that though there are allegations under Section 313 of

the IPC but the same is not borne out from the medical documents on record.

8.

Taking into account the 164 Cr.P.C. statement, medical documents on record and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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