Babula @ Dhanurjaya Panda @ Dhananjay Panda v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8694 of 2022 Babula @ Dhanurjaya Panda @ Dhananjaya Panda ....
Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....
Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH
ORDER
22.09.2022 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 an accused in C.T. Case No.439 of 2022 pending in the file of learned J.M.F.C.(R), Balasore, arising out of Remuna P.S. Case No.80 of 2022, offence under Sections 323/325/307/294/354/506 of IPC and is in custody since 17.08.2022.
4.
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 02.09.2022 in the aforementioned case, the present BLAPL has been filed.
5.
Perused the order of rejection.
6.
It is submitted by the learned counsel for the petitioner that since charge sheet has already been submitted as stated in the order of rejection; further continuance of the petitioner in custody is not warranted.
7.
It is also submitted on instructions that the victim has recovered in the meanwhile and he is attending his daily chores. 8.
Learned counsel for the State opposes the prayer for bail inter alia on the ground that injury of the fracture as evidenced from perusal of the order of rejection and the since the same is grievance, petitioner ought not to be released on bail.
9.
Considering the submission of the learned counsel for the petitioner regarding filing of the charge sheet and the condition of the injury and taking into account the age of the petitioner, this Court directs the petitioner to be released on bail on such terms to be filed by the learned Court in seisin over the matter. 10.
Accordingly, the BLAPL stands disposed of.
11.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi