Umakanta Routray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8585 of 2022 Umakanta Routray ....

Petitioner Mr. A.K. Jena, Advocate -versusState of Odisha ....

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

ORDER

21.12.2022 Order No.

02.

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in C.T Case No.162 of 2021 pending on the file of learned J.M.F.C., Khariar, arising out of Khariar P.S. Case No.172 of 2021, for commission of offence under Sections 376(2)(n)/294/34 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Nuapada by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that charge sheet has been filed on 22.07.2021 citing him as absconder and he was taken into custody on 19.07.2022. Hence, his further continuance in custody is not warranted since investigation admittedly is completed.

5.

Learned counsel for the State opposes the prayer for bail. 6.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

7.

Considering the tenor thereof and filing of the charge sheet, 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 rule. (V. NARASINGH) Judge PKS