Bhagia @ Bhagaban Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8964 of 2022 Bhagia @ Bhagaban Mallick ....

Petitioner Mr. A.K. Moharana, Advocate -versusState of Orissa ....

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

ORDER

26.09.2022 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 connection with S.T. Case No.166 of 2021, pending before the Court of learned 1st Additional Sessions Judge, Cuttack, arising out of Choudwar P.S. Case No.239 of 2021, for offences under Sections 365/376(2)(a)/342/366/506/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Cuttack, by order dated 16.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

The 164 Cr.P.C. statement of the victim is taken on record. 6.

Taking into account the period of custody since 14.06.2021 and the victim has already been examined in the meanwhile, this Court directs the petitioner to be released on bail. Learned Court in

seisin over the matter to fix the terms to ensure his presence on each date of trial.

7.

Accordingly, the BLAPL stands disposed of.

8.

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