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Orissa High CourtBLAPL/9101/2022allowed

Sanjaya Kumar Naik @ Sanjaya Naik v. State Of Odisha

2022-12-15Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9101 of 2022 Sanjaya Kumar Naik @ Sanjaya Naik ....

Petitioner Mr. A.K. Swain (1), Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

15.12.2022 I.A. No.2214 of 2022 Order No.

02.

1.

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

2.

This I.A. has been filed seeking for interim release of the petitioner.

3.

Learned counsel for the petitioner submits that he does not want to press this I.A.

4.

Accordingly, I.A. stands disposed of as not pressed. (V. NARASINGH) Judge BLAPL No. 9101 of 2022 Order No.

03.

1.

The petitioner is an accused in G.R. Case No.467 of 2021, pending in the file of learned S.D.J.M., Nayagarh, arising out of Nuagaon P.S. Case No.102 of 2021, for commission of alleged

offences under Sections 498-A/323/294/506/436/379/34 of IPC and Section 4 of the D.P. Act.

2.

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

3.

It is submitted that charge sheet in the case at hand has been submitted on 31.10.2021 showing him as an absconder. Thereafter he moved an anticipatory bail before this Court and in terms of the order passed by this Court, petitioner surrendered and was remanded to custody on 16.08.2022.

4.

Taking into account the nature of allegations and period of custody and filing of charge sheet as noted, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

5.

Accordingly, the BLAPL stands disposed of.

6.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi