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Orissa High CourtBLAPL/9369/2022allowed

Baikuntha Behera v. State Of Odisha

2022-10-11Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9369 of 2022 Baikuntha Behera ....

Petitioner Mr. M. Acharya, Advocate -versusState of Orissa ....

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

ORDER

11.10.2022 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 connection with G.R. Case No.98 of 2022, pending in the Court of learned J.M.F.C., Odagaon, arising out of Odagaon P.S. Case No.61 of 2022, for commission of offences under Sections 363/366/109/34 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Odagaon, by order dated 09.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

The petitioner is stated to be in custody since 28.08.2022. 6.

It is submitted by the learned counsel for the petitioner that the petitioner has been incarcerated for an offence committed by his son under Section 363/34 of the IPC.

7.

Taking into account the nature of allegations and the period of custody and the role ascribed to the present petitioner, 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. 8.

Accordingly, the BLAPL stands disposed of.

9.

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