Dushmanta Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8827 of 2022 Dushmanta Das ....

Petitioner Mr. T.K. Acharya, Advocate -versusState of Odisha ....

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

ORDER

23.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with G.R. Case No.995 of 2022, pending before the learned S.D.J.M., Berhampur, arising out of Berhampur Sadar P.S. Case No.193 of 2022, for alleged commission of offences under Sections 417/376(2)(n)/294/323 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Additional Sessions Judge, Berhampur, by order dated 27.07.2022 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 18.05.2022 and since charge-sheet has been filed on 13.07.2022, further continuance of the petitioner in custody is unwarranted.

5.

Learned counsel for the State opposes the prayer for bail.

6.

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

Considering the tenor thereof, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Accordingly, the BLAPL stands disposed of.

9.

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