← Library
Orissa High CourtBLAPL/8605/2022allowed

Asraf Alli Khan v. State Of Odisha

2022-12-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8605 of 2022 Asraf Alli Khan ....

Petitioner Mr. S.K. Das, 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.735 of 2019 pending on the file of learned J.M.F.C., Soro, arising out of Soro P.S. Case No.377 of 2019, for commission of offence under Sections 376/294/506/292/34 IPC and Sections 66/67 of the Information Technology Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned ADJ-cum-P.O., Designated Court, OPID, Balasore by order dated 29.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 07.08.2022 and as charge sheet has been filed on 04.12.2022, his further continuance in custody is not warranted. 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