Santanu Bishi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9304 of 2022 Santanu Bishi ....

Petitioner Mr. A.K. Mishra, Advocate -versusState of Odisha ....

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

ORDER

10.10.2022 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 G.R. Case No.490 of 2020 pending in the file of learned S.D.J.M., Titlagarh, arising out of Titlagarh P.S. Case No.379 of 2020, for offence under Sections 363/376(2)(n)/294/323/506/34 IPC and is in custody since 02.08.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Titilagarh by order dated 29.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 02.08.2022 and as charge sheet has

already been filed, his further continuance in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail of the Petitioner, inter alia, on the ground of conduct of the Petitioner in as much as the Petitioner was the absconder and the charge sheet has been filed as such.

7.

Perused the statement of the victim recorded under Section 164 Cr.P.C.

8.

Taking into account 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.

9.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station of the Court in seisin over the matter once every week till the conclusion of trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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